Estate of Lidbury v. Commissioner
United States Tax Court
H and W owned real property as joint tenants with right of survivorship. In 1951, H and W executed a joint and mutual will devising the entire estate to the surviving spouse, with their children to inherit upon the death of the surviving spouse. W died in 1964, but the will was not filed or admitted to probate. Held: Under Illinois law, title to the real property held by H and W as joint tenants passed to H as survivor when W died, without restriction under the will.
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H and W owned real property as joint tenants with right of survivorship. In 1951, H and W executed a joint and mutual will devising the entire estate to the surviving spouse, with their children to inherit upon the death of the surviving spouse. W died in 1964, but the will was not filed or admitted to probate. Held: Under Illinois law, title to the real property held by H and W as joint tenants passed to H as survivor when W died, without restriction under the will. There was no gift to the children by H when W died. H made gifts to his children, their spouses, and one grandchild in the…
1Opinion of the Court
Goffe, Judge:
The Commissioner determined a deficiency in petitioner’s Federal estate tax for the taxable year 1977 in the amount of $22,440, and a deficiency in petitioner’s Federal gift tax for the taxable year 1964 in the amount of $15,327.33. An addition to tax under section 6651(a)1 of $3,831.83 was also imposed. The issues for decision are: (1) Whether William A. Lidbury, deceased, made a taxable gift of an interest in real property upon the death of his wife in 1964; and (2) whether transfers made by William A. Lidbury, deceased, are includable in his gross estate as gifts made in…
2Cases cited24 opinions
- Aquilino v. United StatesSupreme Court of the United States · 1960
- United States v. WellsSupreme Court of the United States · 1931
- Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
- Bonczkowski v. KucharskiIllinois Supreme Court · 1958
- Klajbor v. KlajborIllinois Supreme Court · 1950
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
- Estate of William A. Lidbury, Deceased, Harry Lidbury, Petitioner- Cross-Appellant v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Grace S. Pyle, a Disabled Adult, by Carolyn Straub, Successor Guardian of Her Estate v. United StatesCourt of Appeals for the Seventh Circuit · 1985
- Estate of Grimes v. CommissionerUnited States Tax Court · 1987
- Estate of Lidbury v. CommissionerUnited States Tax Court · 1985
1 more not listed; retrieve them via the Exa API.