Legal Opinion

Estate of Gagliardi v. Commissioner

United States Tax Court

Decided December 28, 1987No. Docket No. 3434-86Published

Through his son as agent, decedent issued checks, representing gifts, to his children. Also through his son, decedent ordered a broker to transfer funds as gifts to his children. Held, a valid agency was created so that funds represented by a check drawn on decedent's account and cashed before decedent's death are not includable in the gross estate.

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Through his son as agent, decedent issued checks, representing gifts, to his children. Also through his son, decedent ordered a broker to transfer funds as gifts to his children. Held, a valid agency was created so that funds represented by a check drawn on decedent's account and cashed before decedent's death are not includable in the gross estate. Held, further, the funds represented by checks written on decedent's bank account and not paid until after his death, are so includable. Secs. 2031, 2033, I.R.C., 1954. Estate of Belcher v. Commissioner, 83 T.C. 227 (1984), distinguished. Held,…

1Opinion of the Court

Estate of Joseph M. Gagliardi, Deceased, Richard F. Gagliardi and Elaine Campbell, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent

Estate of Gagliardi v. Commissioner

Docket No. 3434-86

United States Tax Court

89 T.C. 1207; 1987 U.S. Tax Ct. LEXIS 177; 89 T.C. No. 85;

December 28, 1987. December 28, 1987, Filed

Decision will be entered under Rule 155.

Through his son as agent, decedent issued checks, representing gifts, to his children. Also through his son, decedent ordered a broker to transfer funds as gifts to his children. Held, a valid agency was created so that funds…

2Cases cited19 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Spiegel v. CommissionerUnited States Tax Court · 1949
  3. Rynier EstateSupreme Court of Pennsylvania · 1943
  4. Fiore v. FioreSupreme Court of Pennsylvania · 1961
  5. Mott v. KaldesSupreme Court of Pennsylvania · 1926

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