Legal Opinion

Estate of Ford v. Commissioner

United States Tax Court

Decided October 30, 1969No. Docket No. 3925-67PublishedCited by 44 opinions

1. Held, the impelling motives for decedent's transfer of State and municipal bonds to his daughter within 3 years of his death were associated with life rather than death, and therefore, such transfer was not "in contemplation of his death" within the meaning of sec. 2035, I.R.C. 1954. 2. Held, further, decedent, who served as the trustee of a trust created for the benefit of his grandson, did not retain either "the right * * * to designate the persons who shall possess or…

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1. Held, the impelling motives for decedent's transfer of State and municipal bonds to his daughter within 3 years of his death were associated with life rather than death, and therefore, such transfer was not "in contemplation of his death" within the meaning of sec. 2035, I.R.C. 1954. 2. Held, further, decedent, who served as the trustee of a trust created for the benefit of his grandson, did not retain either "the right * * * to designate the persons who shall possess or enjoy the property or income therefrom" or the power "to alter, amend, revoke, or terminate" the trust. Consequently, no…

1Opinion of the Court

SteReett, Judge:

The Commissioner determined a deficiency of $1,510,444.90 in tbe estate tax liability of tbe Estate of Edward E. Ford, deceased. After allowance of a credit for State death taxes “if substantiated” of $556,309.22, tbe Commissioner asserts a net deficiency of $954,135.68.1

Due to certain concessions, the issues remaining for our decision are as follows:(1) Whether decedent’s transfer of certain State and municipal bonds to his daughter within 3 years of his death was “in contemplation of his death” within the meaning of section 2035 of the Internal Revenue Code of 1954.2(2)…

2Cases cited23 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
  3. Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
  4. Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
  5. Carrier v. . CarrierNew York Court of Appeals · 1919

18 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. ByrumSupreme Court of the United States · 1972
  2. Estate of Gilman v. CommissionerUnited States Tax Court · 1975
  3. Estate of Hill v. CommissionerUnited States Tax Court · 1975
  4. Greer v. United StatesCourt of Appeals for the Fourth Circuit · 1971
  5. Stuit v. CommissionerUnited States Tax Court · 1970

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