Legal Opinion
McMurtry v. Commissioner of Internal Revenue
Court of Appeals for the First Circuit
Decided April 13, 1953No. 4649_1PublishedCited by 55 opinions
1Opinion of the Court
MAGRUDER, Chief Judge.
In this case we are presented with the troublesome problem of determining to what extent a postnuptial marital property settlement executed in contemplation of divorce is subject to the gift tax. The tax year in question is 1942.
As has often been observed, the gift tax was enacted as a complement to the estate tax, and was designed to safeguard the revenue to be derived from the estate tax by minimizing the opportunities of depleting one’s estate through the device of tax-free voluntary inter vivos transfers. The present gift tax was passed as Title III of the Revenue…
2Cases cited9 opinions
- Merrill v. FahsSupreme Court of the United States · 1945
- Commissioner v. DisstonSupreme Court of the United States · 1945
- Harris v. CommissionerSupreme Court of the United States · 1950
- Commissioner of Internal Revenue v. MaresiCourt of Appeals for the Second Circuit · 1946
- Commissioner of Internal Revenue v. BristolCourt of Appeals for the First Circuit · 1941
4 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Seymour Silverman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976
- Weller v. CommissionerUnited States Tax Court · 1962
- Estate of Boeshore v. CommissionerUnited States Tax Court · 1982
- Estate of Bogley v. United StatesUnited States Court of Claims · 1975
- Glen v. CommissionerUnited States Tax Court · 1966
50 more not listed; retrieve them via the Exa API.