Atkins v. Commissioner
United States Board of Tax Appeals
Notes given by decedent to his sons for no consideration other than his desire to equalize gifts to his children held to be not enforceable claims against the estate and not deductible in determining the value of the net estate.
1Opinion of the Court
*624OPINION.
Aeundell :
The heirs of Atkins claim that the notes aggregating $47,250.48 given to the decedent’s sons were an obligation of the marital community and that one-half thereof, or $23,625.24, is a proper deduction from the gross estate of Atkins.
The Revenue Act of 1921 was in effect at the date of the death of Atkins. Section 403 of that Act provides that the value of the net estate shall be determined by deducting from the value of the gross estate, inter alia:
Such amounts for * * * claims against the estate * * * as are allowed by the laws of the jurisdiction * * * under which the…
2Cases cited8 opinions
- Williams v. ForbesIllinois Supreme Court · 1885
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
- Sullivan v. SullivanCourt of Appeals of Kentucky · 1906
- Wisler v. TombCalifornia Supreme Court · 1915
- Succession of DriscollSupreme Court of Louisiana · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Atkins v. CommissionerUnited States Board of Tax Appeals · 1927