Swartz v. United States

WYZANSKI, District Judge.

This is an action to recover an alleged overpayment of an estate tax. The sole question presented is whether $60,000 in United States Series G bonds, held in the joint names of decedent and his wife, were properly included in decedent’s gross estate under the provisions of § 2040 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 2040.

September 25, 1928 the decedent gave his wife 300 voting trust certificates of' the common stock of the Plymouth Rubber Co.

There is no agreement as to what the then value of each of those certificates was. But I find that the book value…