Keller v. Commissioner
United States Tax Court
Pursuant to a divorce decree obtained by his then wife, petitioner transferred a secondary life estate in certain property to his wife with the remainder to his two adult daughters, reserving unto himself a primary life estate in the property. Under the divorce decree decedent was also required to convey certain other property outright to his wife, and to pay her alimony during his life.
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Pursuant to a divorce decree obtained by his then wife, petitioner transferred a secondary life estate in certain property to his wife with the remainder to his two adult daughters, reserving unto himself a primary life estate in the property. Under the divorce decree decedent was also required to convey certain other property outright to his wife, and to pay her alimony during his life. His life estate in the first-mentioned property was to be forfeited upon his failure to pay the alimony. Respondent conceded that the transfer of a life estate in the property to his wife was for an adequate…
1Opinion of the Court
Drennen, Judge:
Respondent determined a deficiency in estate tax in the amount of $13,469.17. The issues for decision are (1) whether the transfer of certain real estate by decedent, pursuant to a divorce decree, to his wife for life with remainder in fee simple to his adult children, and in which he retained a primary life estate which was forfeitable upon default in the monthly alimony payments due, is includable in decedent’s gross estate; and (2) in the alternative, whether petitioner is entitled to a deduction for liabilities to judgment creditors under the court decree of 1938.
FINDINGS…
2Cases cited13 opinions
- United States v. DavisSupreme Court of the United States · 1962
- Merrill v. FahsSupreme Court of the United States · 1945
- Harris v. CommissionerSupreme Court of the United States · 1950
- Rosenthal v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
- United States v. Howard Past, of the Estate of Edna C. Rosedale Ogg, DeceasedCourt of Appeals for the Ninth Circuit · 1965
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Glen v. CommissionerUnited States Tax Court · 1966
- In Re Estate of Harold Hartshorne, Deceased. Harold Hartshorne, Jr., and James M. Hartshorne, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1968
- Nelson v. CommissionerUnited States Tax Court · 1966
- Hartshorne v. CommissionerUnited States Tax Court · 1967
- Estate of Rubin v. CommissionerUnited States Tax Court · 1972
17 more not listed; retrieve them via the Exa API.