Edna Bennett Hirst v. Commissioner of Internal Revenue

Upon the majority’s faithful narrative of the facts, I would affirm the Tax Court, and wholly on the circumstances so recounted of Mrs. Hirst’s conveyance, I dissent from the majority’s assessment of income taxes against her.

Edna Hirst, an 81-year old widow, was land-poor. Her only cash money was invested in savings accounts totalling approximately $25,000.00. She owned her home absolutely, and also a one-half undivided interest in a six-room office building and a one-half undivided interest in three tracts of undeveloped land, with the outstanding interests vested in her husband’s estate.

The…