Griswold v. Commissioner
United States Board of Tax Appeals
An estate of joint tenancy in Illinois real estate was created in 1909 between the decedent and his wife. The decedent died in 1923. Held that only one-half of the value of such property is to be included in the gross estate of the decedent for the purpose of the estate tax. Mary Allen Emery, Executrix,21 B.T.A. 1038, followed.
1Opinion of the Court
OPINION.
Trammell:
The petitioners do not question the value of $90,000 placed by the respondent on the property held jointly, but contend *636that under the Revenue Act of 1921 no part of such property is to be included in the decedent’s taxable estate.
With respect to the inclusion in the gross estate of property held jointly section 402 of the Revenue Act of 1921 provides as follows:
That the value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated—
*******(d) To the…
2Cases cited7 opinions
- Tyler v. United StatesSupreme Court of the United States · 1930
- Shwab v. DoyleSupreme Court of the United States · 1922
- Knox v. McElligottSupreme Court of the United States · 1922
- Hardin v. WolfIllinois Supreme Court · 1925
- Lawler v. ByrneIllinois Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Griswold v. HelveringSupreme Court of the United States · 1933
- Goodenough v. CommissionerUnited States Board of Tax Appeals · 1934
- Griswold v. CommissionerUnited States Board of Tax Appeals · 1931