Estate of Silvester v. Commissioner
United States Tax Court
(1) At the time of his death, the decedent and his surviving spouse held certain real and personal property as joint tenants with rights of survivorship. No evidence was adduced to show that any portion of the value of such property was attributable to consideration furnished by the surviving spouse. Held, the entire date-of-death value of such property is includable in the gross estate.
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(1) At the time of his death, the decedent and his surviving spouse held certain real and personal property as joint tenants with rights of survivorship. No evidence was adduced to show that any portion of the value of such property was attributable to consideration furnished by the surviving spouse. Held, the entire date-of-death value of such property is includable in the gross estate. Sec. 2040, I.R.C. 1954. (2) Held, the gross estate includes one-half of the rent receivable with respect to real property held by the decedent and his surviving spouse as joint tenants with rights of…
1Opinion of the Court
ESTATE OF AUSTIN R. SILVESTER, Deceased, ANN B. SILVESTER, Co-Executrix, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Estate of Silvester v. Commissioner
Docket No. 3314-75.
United States Tax Court
T.C. Memo 1977-439; 1977 Tax Ct. Memo LEXIS 2; 36 T.C.M. (CCH) 1815; T.C.M. (RIA) 770439;
December 29, 1977, Filed(1) At the time of his death, the decedent and his surviving spouse held certain real and personal property as joint tenants with rights of survivorship. No evidence was adduced to show that any portion of the value of such property was attributable to consideration furnished…
2Cases cited22 opinions
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
- Estate of David Smith, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1975
- Newman v. ChaseSupreme Court of New Jersey · 1976
- Estate of Hagmann v. CommissionerUnited States Tax Court · 1973
- Downe v. CommissionerUnited States Tax Court · 1943
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3Cited by3 opinions
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- Estate of Van Horne v. CommissionerUnited States Tax Court · 1982