Estate of Gamble v. Commissioner
United States Tax Court
The decedent made gifts in contemplation of his death and paid Federal and California gift taxes with respect to those gifts prior to his death. The date of death value of the gifts was includable in the value of the decedent's Federal gross estate and in the State inheritance tax base. A credit against State inheritance taxes was allowed for the State gift taxes paid by the decedent.
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The decedent made gifts in contemplation of his death and paid Federal and California gift taxes with respect to those gifts prior to his death. The date of death value of the gifts was includable in the value of the decedent's Federal gross estate and in the State inheritance tax base. A credit against State inheritance taxes was allowed for the State gift taxes paid by the decedent. Held, the decedent had no interest in property at the time of his death such that under sec. 2033, I.R.C. 1954, the value of his Federal gross estate includes the amount he paid as State gift taxes prior to his…
1Opinion of the Court
OPINION
Bruce, Judge:
Respondent determined a deficiency of $635,005.87 in the estate tax liability of the Estate of George E. P. Gamble. Practically all of the deficiency results from respondent’s including in the value of the gross estate of the decedent an amount paid by the decedent as California State gift taxes, for which, subsequent to his death, the State allowed a credit against California State inheritance taxes.1 The correctness of respondent’s action presents the only issue for decision.
All of the facts have been stipulated, and, with certain corrections appearing below, they are…
2Cases cited27 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Knowlton v. MooreSupreme Court of the United States · 1900
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Ingram v. United StatesSupreme Court of the United States · 1959
- United States v. MichelSupreme Court of the United States · 1931
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schottenstein v. CommissionerUnited States Tax Court · 1980
- Estate of Gagliardi v. CommissionerUnited States Tax Court · 1987
- Harrah v. CommissionerUnited States Tax Court · 1978
- Estate of Bronston v. CommissionerUnited States Tax Court · 1988
- Estate of Margrave v. CommissionerUnited States Tax Court · 1978
13 more not listed; retrieve them via the Exa API.