Estate of Edna v. T. Peters, Deceased, T. Graham Peters v. Commissioner of Internal Revenue

WINTER, Circuit Judge:

The question we must decide is: Where, by gift, decedent created a joint tenancy with inherited property that had appreciated in value, and thereafter both decedent and the surviving joint tenant made capital expenditures on the property, the capital improvements not having been shown to have appreciated in value from the time of making until decedent’s death, does § 2040 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 2040, require the entire date-of-death value of the property' to be included in the decedent’s gross estate, less only the capital contributions of…