Hanch v. Commissioner
United States Tax Court
1. The decedent had a one-third interest in the estate of his deceased wife, which had not yet been distributed at the date of his death. Distribution was made to his estate somewhat less than two months after his death. Held, the decedent's interest in his wife's estate must be measured by one-third of the value of her estate as it was composed on the date of his death, rather than by the specific assets that were subsequently distributed to his estate.
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1. The decedent had a one-third interest in the estate of his deceased wife, which had not yet been distributed at the date of his death. Distribution was made to his estate somewhat less than two months after his death. Held, the decedent's interest in his wife's estate must be measured by one-third of the value of her estate as it was composed on the date of his death, rather than by the specific assets that were subsequently distributed to his estate. Section 811 (a), I. R. C. 2. Held, that one-third of the net assets of the wife's estate, as it was composed on the date of her husband's…
1Opinion of the Court
FINDINGS OF FACT AND OPINION.
Raum, Judge:
The Commissioner of Internal Revenue determined an estate tax deficiency in the amount of $7,959.77 against the estate of Charles C. Hanch, who died on October 22, 1946. Several adjustments made by the Commissioner are no longer in dispute. The decedent’s wife, Dorothy M. Hanch, had died intestate on August 9,1945, and he became entitled to one-third of her estate. However, no distribution had been made to him prior to his death. As a result, two related issues are raised: (1) In determining the husband’s gross estate, how much shall be included with…
2Cases cited5 opinions
- Estate of Rainger v. CommissionerUnited States Tax Court · 1949
- Bahr v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1941
- Middlekauff v. CommissionerUnited States Tax Court · 1943
- Commissioner v. GarlandCourt of Appeals for the First Circuit · 1943
- Jacobs v. CommissionerUnited States Tax Court · 1947
3Cited by10 opinions
- Estate of Linderme v. CommissionerUnited States Tax Court · 1969
- The Florida Bank at Lakeland and J. B. O'neill, Co-Executors of Estate of Hugh H. Nelson, Deceased, and Cross v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- McIntosh v. CommissionerUnited States Tax Court · 1956
- Ackley v. CommissionerUnited States Tax Court · 1955
- Porter v. CommissionerUnited States Tax Court · 1969
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