Estate of Johnson v. Commissioner
United States Tax Court
Held, the homestead rights created under Texas law are to be considered in determining the value of homestead property included in the gross estate, and the value of such property is less than the value of the same property unencumbered by homestead rights. Estate of Hinds v. Commissioner, 11 T.C. 314 (1948), affd. on another issue 180 F.2d 930 (5th Cir. 1950), overruled.
1DissentFay, J.
I dissent from the majority’s conclusion that decedent’s husband’s Texas homestead rights reduce the value of decedent’s gross estate, and I strongly disagree with the holding by the majority, supra at 128, that Estate of Hinds v. Commissioner, 11 T.C. 314 (1948), affd. on other grounds 180 F.2d 930 (5th Cir. 1950), "is expressly overruled.” By reversing our course in this area after more than 30 years, we have granted carte blanche to the States to do what individuals plainly cannot — shelter substantial amounts of marital property from Federal taxation in the estate of either spouse.
I…
2Cases cited16 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Lyeth v. HoeySupreme Court of the United States · 1938
- Buffalo Tool & Die Mfg. Co. v. CommissionerUnited States Tax Court · 1980
- Fulman v. United StatesSupreme Court of the United States · 1978
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
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