Pruyn v. Commissioner
United States Tax Court
Transfer of decedent's funds to commercial insurance companies prior to 1931 for purchase with her younger sister of joint and survivor annuities, held to be a transfer intended to take effect at death and as such properly included in decedent's gross estate; held, further, respondent's determination not shown to be erroneous that the amount to be included is replacement cost charged by commercial companies for comparable contracts. Estate of William J. Higgs, 12 T. C. 280.
1Opinion of the Court
OPINION.
Opper, Judge:
The first issue is whether by the purchase of an annuity prior to March 3, 1931, payable to herself for life and thereafter to a survivor, decedent made a transfer intended to take effect at death within the meaning of section 811 (c) of the code. Petitioner’s reliance on this point in its brief filed before the decision in Commissioner v. Estate of Church, 335 U. S. 632, is placed primarily on Estate of Mary H. Hughes, 44 B. T. A. 1196, and its reversal in Estate of Edward E. Bradley, 1 T. C. 518. The Hughes case did indeed deal with a situation comparable to this one,…
2Cases cited12 opinions
- May v. HeinerSupreme Court of the United States · 1930
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Commissioner v. WemyssSupreme Court of the United States · 1945
- United States v. RyersonSupreme Court of the United States · 1941
- Merrill v. FahsSupreme Court of the United States · 1945
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3Cited by4 opinions
- Higgs' Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1950
- In re the Estate of EndemannNew York Surrogate's Court · 1951
- Pruyn v. CommissionerUnited States Tax Court · 1949
- Twogood v. CommissionerUnited States Tax Court · 1950