Arvid E. Jackson - Page 2

            Tax Court Rules of Practice and Procedure, unless otherwise indicated.                        
                  The issue for decision is whether petitioner is entitled to                             
            amortize a life interest in a trust established for her benefit                               
            incident to a divorce.                                                                        
                  All of the facts have been stipulated and are found                                     
            accordingly.                                                                                  
                  Petitioner's legal residence was in Mobile, Alabama, at the                             
            time of the filing of her petition in this case.  She timely                                  
            filed her Federal income tax returns for the taxable years 1991                               
            and 1992.                                                                                     
                  Petitioner and Mr. T. K. Jackson III (Mr. Jackson) were                                 
            divorced on December 5, 1990.  On December 4, 1990, 1 day before                              
            the entry of the divorce decree, Mr. Jackson, as settlor and the                              
            trustee of the AEJ Life Trust (the trust), executed an                                        
            irrevocable trust agreement.  Approximately 1 month after the                                 
            date of the divorce, Mr. Jackson funded the trust with various                                
            securities which had both a cost basis and fair market value of                               
            $598,720.80.  The trustees of the trust are petitioner, Mr.                                   
            Jackson, Laura H. Jackson, and Ted K. Jackson IV.                                             
                 The trust agreement, which was incorporated into the                                    
            judgment of divorce, provided that petitioner was to receive all                              
            the income of the trust in monthly installments of $3,000 during                              
            her lifetime, if sufficient trust income existed, and any income                              
            in excess of $3,000 per month, semiannually.  Upon petitioner's                               
            death, the entire remaining principal of the trust was to be paid                             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011