Commissioner v. Stinchfield's Estate

DENMAN, Circuit Judge.

The Commissioner seeks a review of a decision of the Tax Court that the taxpayer respondent, hereinafter called the estate, had overpaid a federal estate tax and that taxpayer owed nothing by virtue of that tax.

The decedent, whose estate is respondent, desired to make a gift of certain shares of stock to her three stepchildren but on their refusal to accept she and the children sought to evade any inheritance tax by certain transactions determined by the Commissioner to make the value of the shares subject to the estate tax.

The error assigned by the estate in its…