Owen J. Roberts, Helvering v. Helmholz — Opinion of the Court
“ Congress cannot tax as a transfer intended to take effect in possession or enjoyment at the death of the settlor a trust created in a state whose law permits all the beneficiaries to terminate the trust. ”
Owen J. Roberts, Helvering v. Helmholz — Opinion of the Court
“ The petitioner, however, pitches upon the only remaining event of termination, asserting it to be the equivalent of a power to revoke, or to amend, to be exercised by the settlor with others. This is found in the clause providing that the delivery to the trustee of a writing signed by all the then beneficiaries (other than testamentary appointees) , declaring such purpose, shall be effective to end the trust. ”
Owen J. Roberts, Helvering v. Helmholz — Opinion of the Court
“ The words of section 302 (d) , 26 USCA § 1094 (d) are: 'Where the enjoyment (of the transfer) was subject at the date of his death to any change through the exercise of a power, either by the decedent alone or in conjunction with any person, to alter, amend, or revoke.' The agreement under consideration contains no such power as that described. ”
