- 8 - property held by a person within a State is a matter of State law.” Estate of Young v. Commissioner, 110 T.C. 297, 300 (1998) (citing Fernandez v. Wiener, 326 U.S. 340, 355-357 (1945)). The issue in this case is a factual one. The parties frame the question as being whether petitioner has proven that Ms. Scott satisfied the factual requirements of a resulting trust.3 If so, a resulting trust arose in her favor, and only one-half the value of the Glenview house is includable in the taxable estate. A resulting trust arises when one person furnishes consideration for property and title is taken in the name of another person. See Fowley v. Braden, 122 N.E.2d 559, 563 (Ill. 1954). A resulting trust does not depend on contract or agreement but arises by operation of law to enforce the presumed intent of the person who furnishes consideration for the property. See Prassa v. Corcoran, 181 N.E.2d 138, 140 (Ill. 3 We are aware that the Supreme Court of Illinois has, under certain circumstances, refused to enforce equitable property rights between unmarried cohabitants on grounds of public policy. See Hewitt v. Hewitt, 394 N.E.2d 1204 (Ill. 1979). We are also aware that the Illinois Appellate Court has interpreted Hewitt to permit the enforcement of equitable property rights between unmarried cohabitants in some circumstances. See Spafford v. Coats, 455 N.E.2d 241 (Ill. App. Ct. 1983). But see Ayala v. Fox, 564 N.E.2d 920 (Ill. App. Ct. 1990). However, in the instant case, respondent has not raised the issue of whether a resulting trust should be disallowed under Illinois law on grounds of public policy. Because petitioner had no occasion to present pertinent evidence or argument on this question, we do not consider it and address only the question of whether the factual requirements for a resulting trust have been satisfied.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011