Legal Opinion

Holland v. Commissioner

United States Tax Court

Decided February 10, 1943No. Docket No. 107906PublishedCited by 13 opinions

Corporate stock transferred during her life by decedent, accompanied by immediate retransfer by the donees as "security" to insure retention by decedent of rights of control of the corporation and to a stipulated "salary" during her lifetime, held, properly included in decedent's estate. Prior opinion, 47 B.T.A. 807, modified. Estate of Edward E. Bradley, 1 T.C. 518, distinguished.

1Opinion of the Court

SUPPLEMENTAL OPINION.

Opper, Judge:

The opinion originally published in this case appears at 47 B. T. A. 807. The findings of fact therein, which we do not now disturb, need not be reiterated here. In view, however, of the reliance placed in the original opinion upon Estate of Mary H. Hughes, 44 B. T. A. 1196, which this Court has now disapproved (Estate of Edward E. Bradley, 1 T. C. 518, we consider it appropriate to reexamine the earlier opinion. No decision has yet been entered; still less has one become final. John Thomas Smith, 42 B. T. A. 505.

Our further consideration, however, satisfies…

2Cases cited4 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Klein v. United StatesSupreme Court of the United States · 1931
  3. Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  4. Bradley v. CommissionerUnited States Tax Court · 1943

3Cited by13 opinions

  1. United States v. ByrumSupreme Court of the United States · 1972
  2. Fry v. CommissionerUnited States Tax Court · 1947
  3. Hill's Estate v. MaloneyDistrict Court, D. New Jersey · 1944
  4. Hofford v. CommissionerUnited States Tax Court · 1945
  5. Estate of Hofford v. CommissionerUnited States Tax Court · 1945

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