Estate of Nicol v. Commissioner
United States Tax Court
In 1962, decedent, then 77 years of age, rented her farm to her daughter and son-in-law under a 5-year crop-share lease which was to remain in effect even if the farm was later conveyed to the daughter. Eleven days later, decedent transferred the farm to her daughter by general warranty deed.
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In 1962, decedent, then 77 years of age, rented her farm to her daughter and son-in-law under a 5-year crop-share lease which was to remain in effect even if the farm was later conveyed to the daughter. Eleven days later, decedent transferred the farm to her daughter by general warranty deed. Decedent continued to receive the rents until she died in 1965. Held, the value of the farm is includable in decedent's taxable estate under sec. 2036(a)(1); decedent retained the enjoyment of the income from the farm for a period which did not in fact end before her death.
1Opinion of the Court
Featherston, Judge:
Respondent determined a deficiency in petitioner’s Federal estate tax in the amount of $9,807.74. The only issue presented for decision is whether the value of a parcel of farm property is includable in decedent’s taxable estate under section 2036 1 where, under a lease agreement, she continued to receive rent after conveying the f aim to her daughter.
FINDINGS OF FACT
Nancy N. Davis, petitioner, is the daughter and executrix of the estate of Marie J. Nicol, who died on September 28, 1965. Petitioner was a resident of Geraldine, Mont., at the time she filed the petition. She…
2Cases cited18 opinions
- May v. HeinerSupreme Court of the United States · 1930
- National Life Insurance v. United StatesSupreme Court of the United States · 1928
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Maguire v. CommissionerSupreme Court of the United States · 1941
- United States v. O'MALLEYSupreme Court of the United States · 1966
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3Cited by20 opinions
- Estate of Kerdolff v. CommissionerUnited States Tax Court · 1972
- Estate of Hendry v. CommissionerUnited States Tax Court · 1974
- Estate of Honigman v. CommissionerUnited States Tax Court · 1976
- Estate of Green v. CommissionerUnited States Tax Court · 1975
- Estate of De Foucaucourt v. CommissionerUnited States Tax Court · 1974
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