Legal Opinion

Cory v. Fowler

California Court of Appeal

Decided April 20, 1982No. Civ. No. 61986PublishedCited by 1 opinion

1Opinion of the Court

Opinion

HASTINGS, J.

The issue before us on this appeal is whether the gift taxes paid by the donor-decedent prior to her death are includable in her gross estate for inheritance tax purpose. Surprising as it may seem, this issue has not been directly determined in this state.

*833The facts are these: On July 2, 1974, Ethel Bayley Fowler, decedent, established an inter vivos trust in which she retained a life estate. At that time she paid federal gift taxes of $94,185 and California gift taxes of $33,204. Decedent died on April 20, 1976, and the amount of the gift establishing the trust was subject…

2Cases cited9 opinions

  1. Smith v. ShaughnessySupreme Court of the United States · 1943
  2. Franklin v. FranklinCalifornia Court of Appeal · 1945
  3. Estate of GiolittiCalifornia Court of Appeal · 1972
  4. Dunlap v. Commercial National Bank of Los AngelesCalifornia Court of Appeal · 1920
  5. Flournoy v. SchmalenbachCalifornia Supreme Court · 1975

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3Cited by1 opinion

  1. Guarantee Forklift, Inc. v. Capacity of Texas, Inc.California Court of Appeal · 2017

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