Legal Opinion
Diedrich v. Commissioner
Court of Appeals for the Eighth Circuit
Decided March 4, 1981No. Nos. 80-1376, 80-1421PublishedCited by 7 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
The Commissioner of Internal Revenue appeals from two tax court decisions1 in favor of the taxpayer-appellees. The cases have been consolidated for argument and decision in this court. The Commissioner unsuccessfully asserted in the tax court that when a donor gratuitously transfers property on the condition that the donee pay the resultant gift tax, income accrues to the donor to the extent the amount of gift tax paid exceeds the donor’s basis in the property transferred.2 Ruling in favor of the taxpayers that no income was realized, the tax court held that the…
2Cases cited27 opinions
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Crane v. CommissionerSupreme Court of the United States · 1947
- Johnson v. CommissionerUnited States Tax Court · 1973
- Turner v. CommissionerUnited States Tax Court · 1968
- Harrison v. CommissionerUnited States Tax Court · 1952
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Guest v. CommissionerUnited States Tax Court · 1981
- Estate of Sachs v. CommissionerCourt of Appeals for the Eighth Circuit · 1988
- Philip Morris, Inc. v. Director of RevenueSupreme Court of Missouri · 1988
- Estate of Samuel C. Sachs, Deceased, Stephen C. Sachs, Sophia R. Sachs, Co- Executors v. Commissioner of Internal Revenue, Estate of Samuel C. Sachs, Deceased, Stephen C. Sachs, Sophia Sachs, Co- Executors C/o Jerome W. Sandweiss v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1988
- Cleaver v. Wisconsin Department of RevenueWisconsin Supreme Court · 1990
2 more not listed; retrieve them via the Exa API.