Estate of Metzger v. Commissioner
United States Tax Court
Decedent (D) executed a power of attorney appointing his son (S) attorney-in-fact and granting S the authority to make gifts on D's behalf. On Dec. 14, 1985, S drew four checks against D's personal checking account payable to himself, his wife (W), and two other individuals.
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Decedent (D) executed a power of attorney appointing his son (S) attorney-in-fact and granting S the authority to make gifts on D's behalf. On Dec. 14, 1985, S drew four checks against D's personal checking account payable to himself, his wife (W), and two other individuals. S and W deposited their checks in a joint savings account on Dec. 31, 1985. These checks did not clear the drawee bank until Jan. 2, 1986. D died in 1987. Held: D maintained dominion and control over the checks until they were paid by the drawee bank on Jan. 2, 1986, notwithstanding D's express ratification of the lawful…
1Opinion of the Court
ESTATE OF ALBERT F. METZGER, DECEASED, JOHN A. METZGER AND Z. TOWNSEND PARKS, JR., PERSONAL REPRESENTATIVES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Estate of Metzger v. Commissioner
Docket No. 4952-91
United States Tax Court
100 T.C. 204; 1993 U.S. Tax Ct. LEXIS 15; 100 T.C. No. 14;
March 23, 1993, Filed
Decedent (D) executed a power of attorney appointing his son (S) attorney-in-fact and granting S the authority to make gifts on D's behalf. On Dec. 14, 1985, S drew four checks against D's personal checking account payable to himself, his wife (W), and two other individuals. S…
2Cases cited15 opinions
- Naftel v. CommissionerUnited States Tax Court · 1985
- Zaentz v. CommissionerUnited States Tax Court · 1988
- United States Trust Co. v. HelveringSupreme Court of the United States · 1939
- Spiegel v. CommissionerUnited States Tax Court · 1949
- Estate of Jalkut v. CommissionerUnited States Tax Court · 1991
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