Miller v. Commissioner
United States Board of Tax Appeals
The question of whether shares in a British corporation were held jointly or in common is decided under the laws of New York, the place where the assignment was made and the parties resided. Since there was no express declaration in the instrument that the shares were to be held jointly, they were held in common under the laws of New York.
1Opinion of the Court
OPINION.
Muedock:
The Commissioner determined a deficiency in estate tax on the estate of Charles A. Miller in the amount of $165,258.47. The parties have filed a stipulation of facts, under which but one question is submitted to the Board for decision. That question is whether or not the decedent, together with his wife and six children, held certain shares in a British corporation jointly, with the right of survivorship. The respondent supports his determination solely on the ground that the property was held by the decedent and the others as joint tenants within the meaning of section 302…
2Cases cited1 opinion
- Netherwood v. RaymerDistrict Court, W.D. Wisconsin · 1918
3Cited by2 opinions
- Estate of Giacopuzzi v. CommissionerUnited States Tax Court · 1970
- Miller v. CommissionerUnited States Board of Tax Appeals · 1933