Estate of Newman v. Commissioner
United States Tax Court
Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These checks were neither accepted, nor paid, by the drawee bank until after D's death. Petitioner argues that these checks represent completed gifts of funds in D's checking account that are not includable in D's gross estate.
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Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These checks were neither accepted, nor paid, by the drawee bank until after D's death. Petitioner argues that these checks represent completed gifts of funds in D's checking account that are not includable in D's gross estate. HELD: D maintained dominion and control over the amounts in her checking account against which the checks were written until her death.…
1Opinion of the Court
Ruwe, Judge:
Respondent determined a deficiency in petitioner’s Federal estate tax of $46,724. After concessions, the sole issue for decision is whether funds in decedent’s bank account, upon which checks were written before but paid after decedent’s death for purported noncharitable gifts, are includable in the gross estate.
FINDINGS OF FACT
Some of the facts have been stipulated. The stipulation of facts, the supplemental stipulation of facts, the second supplemental stipulation of facts, and the stipulation of agreed adjustments are incorporated herein by this reference.
Unless otherwise…
2Cases cited12 opinions
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Spiegel v. CommissionerUnited States Tax Court · 1949
- Estate of Cristofani v. CommissionerUnited States Tax Court · 1991
- Estate of Belcher v. CommissionerUnited States Tax Court · 1984
- Estate of Dillingham v. CommissionerUnited States Tax Court · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rosano v. United StatesDistrict Court, E.D. New York · 1999
- Robert Rosano, as of the Estate of Mary R. Rosano v. United StatesCourt of Appeals for the Second Circuit · 2001
- Estate of DiSanto v. CommissionerUnited States Tax Court · 1999
- Estate of Newman v. CommissionerUnited States Tax Court · 1998
- Estate of Sarah H. Newman, Mark M. Newman, Co-Executor and Minna N. Nathanson, Co-Executor v. CommissionerUnited States Tax Court · 1998