Security First Nat'l Bank v. Commissioner
United States Board of Tax Appeals
1. Order of a probate court of California fixing inheritance tax held not final and conclusive as to extent of property or interest passing to petitioner's decedent under the will of her mother. 2. Several writings constituting the will of the mother of petitioner's decedent construed as giving to decedent a life estate in a portion of the income of her mother's estate. 3. Where respondent claims as a basis for an increased deficiency that his determination of the value of…
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1. Order of a probate court of California fixing inheritance tax held not final and conclusive as to extent of property or interest passing to petitioner's decedent under the will of her mother. 2. Several writings constituting the will of the mother of petitioner's decedent construed as giving to decedent a life estate in a portion of the income of her mother's estate. 3. Where respondent claims as a basis for an increased deficiency that his determination of the value of realty was erroneous, the burden rests upon him to prove that he erred in his original determination.
1Opinion of the Court
*430OPINION.
Mellott :
The first question to be determined is whether the decedent had more than a life interest in the estate of her mother.
Petitioner contends that the “Amended Order Fixing Inheritance Tax,” dated May 7, 1928, in the mother’s estate is a decree of a state court of competent jurisdiction, determining property rights, and, as such, is final and conclusive when the existence and nature of those property rights are in issue before any other tribunal. It is well settled that statutes and decisions of state courts as to property rights or interests are controlling and conclusive upon…
2Cases cited7 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Estate of RathCalifornia Supreme Court · 1937
- Uterhart v. United StatesSupreme Court of the United States · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ace Heater Mfg. Co. v. CommissionerUnited States Tax Court · 1951
- Hewitt Rubber Co. v. Comm'rUnited States Tax Court · 1947
- Security First Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1938