Estate of Joseph P. Grace, Deceased, Michael P. Grace, Ii, Joseph Peter Grace, Jr., and Charles MacDonald Grace, Executors v. The United States
United States Court of Claims
NICHOLS, Judge, joins the foregoing dissenting opinion. Findings of Fact 1. This case is a suit for refund of Federal estate taxes and interest thereon paid by the Estate of Joseph P. Grace, Deceased. 2. Joseph P. Grace, the decedent whose estate is here involved (hereinafter sometimes called “the decedent”), and Janet Grace were husband and wife.
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NICHOLS, Judge, joins the foregoing dissenting opinion. Findings of Fact 1. This case is a suit for refund of Federal estate taxes and interest thereon paid by the Estate of Joseph P. Grace, Deceased. 2. Joseph P. Grace, the decedent whose estate is here involved (hereinafter sometimes called “the decedent”), and Janet Grace were husband and wife. They were married in August 1908. 3. (a) The following children, born on the dates indicated, are the surviving offspring of the marriage of the decedent and Janet Grace: Joseph Peter Grace, Jr. (hereinafter sometimes called “Peter”), May 25, 1913.…
1DissentDavis, Judge
I
1. Even on the court’s own assumption that subjective motivation is all-controlling, the judgment should go for the Government. Under the rule of the first “line of cases” (as formulated in the majority opinion), I cannot escape the conclusion that Mr. and Mrs. Grace did give “consideration” to each other in the sense that the establishment of each trust was the quid pro quo for the other, and was intended as such. There is, first of all, the basic finding, adopted by the court, that the trusts “were created by, or at the instigation of, Joseph P. Grace as parts of what was essentially a…
2Cases cited24 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Heiner v. DonnanSupreme Court of the United States · 1932
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
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