Board v. Commissioner

OPINION.

Opper, Judge-.

We have found the ultimate fact as requested by respondent, that the gift was not conditional when made, partly because petitioner himself so testified.1 That petitioner’s sons, for understandable reasons, may have acceded to his subsequent request that they agree to a reconveyance of the property, if estate tax liability had not been escaped, could not make conditional a conveyance that had already become absolute, nor render enforceable an agreement that was obviously without consideration, even though ultimately, and voluntarily, observed.

It is said that the wife…