Moore v. Commissioner
United States Tax Court
Gift Tax -- Donee Liability -- Statute of Limitations. -- Since section 510 of the Revenue Act of 1932 makes a donee personally liable for a gift tax on the gift to the extent of the value of the gift, it is immaterial whether or not there is any liability in equity on the part of the donee for the tax.
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Gift Tax -- Donee Liability -- Statute of Limitations. -- Since section 510 of the Revenue Act of 1932 makes a donee personally liable for a gift tax on the gift to the extent of the value of the gift, it is immaterial whether or not there is any liability in equity on the part of the donee for the tax. Since "transferee" includes "donee" and the period for assessment and collection against the transferee includes one year after the expiration of the period of limitation for assessment against the donor, a notice of deficiency mailed to the donee within that year is timely. It is immaterial…
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner has determined that the petitioner is liable as a transferee of property of Edward S. Moore for gift taxes for the calendar year 1935 in the amount of $104,864.73, plus interest, on gifts made by Edward S. Moore to this petitioner in 1935. The facts have been stipulated and will be stated herein only to the extent necessary for an understanding of the issues.
Edward S. Moore, the husband of this petitioner, made gifts to her in 1935 of securities having a total value of $415,500. He filed a gift tax return with the collector of internal revenue for the…
2Cases cited2 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Rasquin v. HumphreysSupreme Court of the United States · 1939
3Cited by43 opinions
- Schuster v. CommissionerUnited States Tax Court · 1959
- Estate of Mandels v. CommissionerUnited States Tax Court · 1975
- Frances Biddle Trust v. CommissionerUnited States Tax Court · 1944
- Jergens v. CommissionerUnited States Tax Court · 1951
- Fletcher Trust Co. v. CommissionerUnited States Tax Court · 1943
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