Estate of Davey v. Commissioner

OPINION.

ARundell, Judge-.

Estate tax liability imposed on nonresident aliens not engaged in business in the United States falls only on those owning property situated in this country on the date of death. Money deposits meeting the requirements of section 863 (b) of the Internal Revenue Code1 are not deemed to be property within the United States for this purpose. The parties have stipulated that the decedent was a nonresident alien not doing business in this country at the time of her death. Consequently, the questions for decision are whether the funds arising out of the liquidation of the…