Estate of Mandels v. Commissioner
United States Tax Court
In 1962, decedent created a trust in which he reserved many rights as to certain corporate stocks and provided that such stocks should go to his son and his daughter on his death. In addition, he made a number of outright gifts to them in the same year. In 1963, prior to the death of decedent's son, such son conveyed outright to his spouse certain of the items he had in turn received outright from his father the previous year.
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In 1962, decedent created a trust in which he reserved many rights as to certain corporate stocks and provided that such stocks should go to his son and his daughter on his death. In addition, he made a number of outright gifts to them in the same year. In 1963, prior to the death of decedent's son, such son conveyed outright to his spouse certain of the items he had in turn received outright from his father the previous year. In addition, upon the son's death in late 1963, his spouse succeeded to his interest in the above-mentioned trust. Held, that decedent made no taxable gift to his…
1Opinion of the Court
Forrester, Judge:
Respondent has determined that petitioners are liable, as transferees, for the following deficiency in gift tax and addition to tax of the Estate of William Mandéis who died on January 11,1966.
Sec. 6651(a)[2]
Deficiency addition
$42,921.25_ $10,730.31
Some of the facts have been stipulated and are so found.
Petitioner Estelle Mandéis Smith (petitioner, Smith, or Estelle) resided in Jamaica, N.Y., at the time the petition in docket No. 4848-70 was filed, and she resided in Long Beach, N.Y., at the time of the filing of the petition in docket No. 8520-72. Petitioner Mollie Hoffman…
2Cases cited34 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Estate of Horvath v. CommissionerUnited States Tax Court · 1973
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Schuster v. CommissionerUnited States Tax Court · 1959
29 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- United States v. BotefuhrCourt of Appeals for the Tenth Circuit · 2002
- Markwardt v. CommissionerUnited States Tax Court · 1975
- Church of Scientology v. CommissionerUnited States Tax Court · 1984
- Rollert Residuary Trust v. CommissionerUnited States Tax Court · 1983
- Pacella v. CommissionerUnited States Tax Court · 1982
68 more not listed; retrieve them via the Exa API.