Legal Opinion

Benson v. Commissioner

United States Board of Tax Appeals

Decided November 23, 1927No. Docket No. 4721PublishedCited by 9 opinions

Interest paid on a note, executed as a gift, held not to be deductible.

1Opinion of the Court

OPINION.

Arundell:

The petitioner is willing to have us decide the issue upon his admission that no legal consideration was paid for the note and that it was intended as a gift.

The courts have held that a promissory note given ’ without a valuable consideration is a mere promise to make a gift in the future. Williams v. Forbes, 114 Ill. 167; 28 N. E. 463; Wisler v. *280Tomb, 169 Cal. 382; 146 Pac. 876. The promise to pay interest was made concurrently with the promise to pay the principal sum and is nothing more than a promise to make a future gift.

The taxpayer fulfilled his promises, in part,…

2Cases cited4 opinions

  1. Williams v. ForbesIllinois Supreme Court · 1885
  2. Roelofson v. HatchMichigan Supreme Court · 1854
  3. Wisler v. TombCalifornia Supreme Court · 1915
  4. Van Winkle v. KetchamNew York Supreme Court · 1805

3Cited by9 opinions

  1. Linder v. CommissionerUnited States Tax Court · 1977
  2. Woodward v. United StatesDistrict Court, N.D. Iowa · 1952
  3. Couchman v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Benson v. CommissionerUnited States Board of Tax Appeals · 1927
  5. Couchman v. CommissionerUnited States Board of Tax Appeals · 1934

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