Richardson v. Commissioner
United States Board of Tax Appeals
A husband and wife held several pieces of real estate at the time of the husband's death, either as joint tenants or as tenants by the entirety, in some of which the wife had acquired a joint legal interest from her husband and in some of which she had acquired a legal interest jointly with him at the same time that he had acquired his interest.
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A husband and wife held several pieces of real estate at the time of the husband's death, either as joint tenants or as tenants by the entirety, in some of which the wife had acquired a joint legal interest from her husband and in some of which she had acquired a legal interest jointly with him at the same time that he had acquired his interest. Held that in computing the value of the gross estate of the husband no part of the value of the property may be excepted, under the provisions of section 302(e), Revenue Act of 1926, as the evidence does not show that the wife furnished some certain…
1Dissent
VAN FossaN,
dissenting: I find myself unable to subscribe to the holding of the majority of the Board. I believe the evidence in this case fully spells out a contract between the decedent and his wife which existed throughout all of their married life and was basic in all property accumulations. If such a contract existed, it should be given effect. I cannot subscribe to the narrow view that the exact money contribution of the wife must be traced through each change in property, however obvious it may be that there is merit in the petitioner’s primary contention. I' believe the powers and the…
2Cases cited4 opinions
- Bronson v. BradyDistrict of Columbia Court of Appeals · 1906
- Ellis v. EllisCourt of Appeals for the D.C. Circuit · 1922
- Newell v. CommissionerUnited States Board of Tax Appeals · 1929
- Kammerdiner v. CommissionerUnited States Board of Tax Appeals · 1932