American Sec. & Trust Co. v. Commissioner
United States Board of Tax Appeals
1. Where a joint bank deposit is held by decedent and wife and no evidence is offered of the amount contributed by the surviving spouse, held the whole amount of the deposit is includable in gross estate. 2. Where the evidence of an absolute gift of an automobile by the surviving spouse to decedent is uncontradicted, held value of gift is includable in gross estate. 3. The conclusive presumption provision of section 302(c) of the Revenue Act of 1926 held unconstitutional on…
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1. Where a joint bank deposit is held by decedent and wife and no evidence is offered of the amount contributed by the surviving spouse, held the whole amount of the deposit is includable in gross estate. 2. Where the evidence of an absolute gift of an automobile by the surviving spouse to decedent is uncontradicted, held value of gift is includable in gross estate. 3. The conclusive presumption provision of section 302(c) of the Revenue Act of 1926 held unconstitutional on the authority of Schlesinger v. Wisconsin,270 U.S. 230, and of Donnan v. Heiner, 48 Fed.(2d) 1058, and Hall v. White, 48…
1Opinion of the Court
*339OPINION.
Matthews:
The provisions of the Revenue Act of 1926 relevant to the three issues here raised are as follows:
Sec. 301. (a) In lieu of the tax imposed by Title III of the Revenue Act of 1924, a tax equal to the sum of the following percentages of the value of the net estate (determined as provided in section 303) is hereby imposed upon the transfer of the net estate of every decedent dying after the enactment of this act, whether a resident or nonresident of the United States;
* ⅜ * * * * *
Sec. 302. The value of the gross estate of the decedent shall be determined by including the value…
2Cases cited24 opinions
- Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
- Knowlton v. MooreSupreme Court of the United States · 1900
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Nichols v. CoolidgeSupreme Court of the United States · 1927
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harnischfeger v. CommissionerUnited States Board of Tax Appeals · 1934
- Richardson v. CommissionerUnited States Board of Tax Appeals · 1934
- American Sec. & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- Cromwell v. CommissionerUnited States Board of Tax Appeals · 1931
- Denniston v. CommissionerUnited States Board of Tax Appeals · 1938
8 more not listed; retrieve them via the Exa API.