Legal Opinion

Fair v. Commissioner

United States Board of Tax Appeals

Decided November 10, 1936No. Docket No. 77954Published

At the time of his death in 1932, the decedent, a citizen of and domiciled in the United States, owned three "hipotecas" (liberally interpreted to mean mortgages) on land situated in Cuba. Held, that the value of such "hipotecas" is properly included in decedent's gross estate for Federal estate tax purposes, since they are not real property situated outside the United States. Revenue Act of 1926, sec. 302(a).

1Opinion of the Court

CARRIE S. FAIR, AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF WILLIAM B. FAIR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Fair v. Commissioner

Docket No. 77954.

United States Board of Tax Appeals

35 B.T.A. 41; 1936 BTA LEXIS 569;

November 10, 1936, Promulgated

At the time of his death in 1932, the decedent, a citizen of and domiciled in the United States, owned three "hipotecas" (liberally interpreted to mean mortgages) on land situated in Cuba. Held, that the value of such "hipotecas" is properly included in decedent's gross estate for Federal estate tax purposes, since they are…

2Cases cited27 opinions

  1. Helvering v. TaylorSupreme Court of the United States · 1935
  2. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  3. Tyler v. United StatesSupreme Court of the United States · 1930
  4. Blodgett v. SilbermanSupreme Court of the United States · 1928
  5. Helvering v. City Bank Farmers Trust Co.Supreme Court of the United States · 1935

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