https://www.taxtmi.com/caselaws?id=169773 For death-duty purposes under section 102(2)(d) of the Stamp Duties Act 1920-1940, the relevant inquiry is whether donees immediately assumed and retained bona fide possession and enjoyment of gifted property to the entire exclusion of the donor or any benefit to him. On the stated facts, the children's maintenance and education payments did not defeat their possession and enjoyment, and incidental advantages to the donor were not relevant benefits. By contrast, the donor's remuneration as trustee was a benefit taken out of the trust property and at the expense of the interests given to the children, so it fell within the statutory mischief. The children's four-fifths shares therefore remained includible in the deceased's estate. en-us Thu, 03 Dec 1953 00:00:00 +0530 Mon, 04 May 2015 11:44:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169773 For death-duty purposes under section 102(2)(d) of the Stamp Duties Act 1920-1940, the relevant inquiry is whether donees immediately assumed and retained bona fide possession and enjoyment of gifted property to the entire exclusion of the donor or any benefit to him. On the stated facts, the children's maintenance and education payments did not defeat their possession and enjoyment, and incidental advantages to the donor were not relevant benefits. By contrast, the donor's remuneration as trustee was a benefit taken out of the trust property and at the expense of the interests given to the children, so it fell within the statutory mischief. The children's four-fifths shares therefore remained includible in the deceased's estate. Case-Laws Income Tax Thu, 03 Dec 1953 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169773