Koussevitsky v. Commissioner
United States Tax Court
1. About one month before decedent died she transferred certain securities standing in her name in an agency account at a bank to the joint names of her husband and herself "either or the survivor."
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1. About one month before decedent died she transferred certain securities standing in her name in an agency account at a bank to the joint names of her husband and herself "either or the survivor." In the deficiency notice the respondent determined that a part of these securities "originally belonged" to the husband and that only the balance should be included in decedent's gross estate under section 811 (e), I. R. C. Later, it was stipulated that all of the securities "originally belonged" to the husband and respondent conceded that, under the exception contained in 811 (e), no part of the…
1Opinion of the Court
OPINION.
Black, Judge:
The issues have been stated previously. We shall consider first whether any part of the $90,483.67 of item 2 is includible in the decedent’s gross estate.
In the deficiency notice the respondent determined that only $54,558.10 of item 2 should be included, and that this amount should be included under section 811 (e) of the Internal Revenue Code,2 for the reason that the survivor of the joint account, Koussevitsky, had only established that $35,925.57 of the $90,483.67 originally belonged to him and had never been received or acquired by him from the decedent for less than…
2Cases cited4 opinions
- United States v. WellsSupreme Court of the United States · 1931
- United States v. JacobsSupreme Court of the United States · 1939
- Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
- Estate of Hofford v. CommissionerUnited States Tax Court · 1945
3Cited by14 opinions
- Sullivan's Estate v. Commissioner of Internal Rev.Court of Appeals for the Ninth Circuit · 1949
- Sullivan v. CommissionerUnited States Tax Court · 1948
- Estate of ThurstonCalifornia Supreme Court · 1950
- Karagheusian v. CommissionerUnited States Tax Court · 1955
- Estate of Goodwyn v. CommissionerUnited States Tax Court · 1973
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