Legal Opinion

Brent v. Commissioner

United States Board of Tax Appeals

Decided February 18, 1927No. Docket No. 8156Published

1. COMMUNITY PROPERTY. - Petitioner and wife, residents of California, owned community property which they exchanged for stock of a corporation, the husband causing part of the stock to be issued to the wife as her separate property.

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1. COMMUNITY PROPERTY. - Petitioner and wife, residents of California, owned community property which they exchanged for stock of a corporation, the husband causing part of the stock to be issued to the wife as her separate property. Held, the issuance of stock to the wife did not of itself effect a dissolution of the community so as to render the stock issued to the husband his separate property. 2. Under the laws of California, upon the death of the husband, the wife takes her portion of the community estate as heir of the husband and the whole of the community estate is properly included…

1Opinion of the Court

MARY BRENT, EXECUTRIX, ESTATE OF EDWIN J. BRENT, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Brent v. Commissioner

Docket No. 8156.

United States Board of Tax Appeals

6 B.T.A. 143; 1927 BTA LEXIS 3576;

February 18, 1927, Promulgated

1. COMMUNITY PROPERTY. - Petitioner and wife, residents of California, owned community property which they exchanged for stock of a corporation, the husband causing part of the stock to be issued to the wife as her separate property. Held, the issuance of stock to the wife did not of itself effect a dissolution of the community so as to render the stock…

2Cases cited17 opinions

  1. United States v. RobbinsSupreme Court of the United States · 1926
  2. In re the Estate of BurdickCalifornia Supreme Court · 1896
  3. Perkins v. Sunset Tel. and Tel. Co.California Supreme Court · 1909
  4. Arnett v. ReadeSupreme Court of the United States · 1911
  5. Spreckels v. SpreckelsCalifornia Supreme Court · 1916

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