Legal Opinion

Ashforth v. Commissioner

United States Board of Tax Appeals

Decided July 27, 1934No. Docket No. 67654Published

More than two years prior to death, and not in contemplation of death, decedent executed and delivered to her husband, without monetary consideration, a mortgage for $700,000 on certain real estate situated in the State of Connecticut.

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More than two years prior to death, and not in contemplation of death, decedent executed and delivered to her husband, without monetary consideration, a mortgage for $700,000 on certain real estate situated in the State of Connecticut. Held, the interest of decedent in the property, under the law of Connecticut, which is required to be included in the value of her gross estate by section 302(a) of the Revenue Act of 1926, is the full value of the land at the date of decedent's death. Held, further, that, the mortgage not having been contracted for an adequate and full consideration in money…

1Opinion of the Court

HENRY ADAMS ASHFORTH, FREDERICK H. ECKER AND HENRY L. SERVOSS, EXECUTORS OF THE ESTATE OF ELIZABETH MILBANK ASHFORTH, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Ashforth v. Commissioner

Docket No. 67654.

United States Board of Tax Appeals

30 B.T.A. 1306; 1934 BTA LEXIS 1194;

July 27, 1934, Promulgated

More than two years prior to death, and not in contemplation of death, decedent executed and delivered to her husband, without monetary consideration, a mortgage for $700,000 on certain real estate situated in the State of Connecticut. Held, the interest of decedent in the property,…

2Cases cited35 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Corliss v. BowersSupreme Court of the United States · 1930
  3. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  4. Nichols v. CoolidgeSupreme Court of the United States · 1927
  5. Chase National Bank v. United StatesSupreme Court of the United States · 1929

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