Legal Opinion

Buder v. Commissioner

United States Tax Court

Decided January 31, 1956No. Docket No. 57230Published

Where a donor made separate gifts to his son and his son's wife, and took $ 3,000 annual exclusion for each gift, and also in the same year made a further gift to them jointly, held, the donor was not entitled to a third annual exclusion of $ 3,000 for the gift made to the son and son's wife jointly, even though the gift made in their joint names created, under local law, a tenancy by the entireties.

1Opinion of the Court

Estate of G. A. Buder, Deceased, G. A. Buder, Jr., Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Buder v. Commissioner

Docket No. 57230

United States Tax Court

25 T.C. 1012; 1956 U.S. Tax Ct. LEXIS 282;

January 31, 1956, Filed

Decision will be entered for the respondent.

Where a donor made separate gifts to his son and his son's wife, and took $ 3,000 annual exclusion for each gift, and also in the same year made a further gift to them jointly, held, the donor was not entitled to a third annual exclusion of $ 3,000 for the gift made to the son and son's wife jointly, even…

2Cases cited10 opinions

  1. Helvering v. HutchingsSupreme Court of the United States · 1941
  2. Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
  3. Grose v. HollandSupreme Court of Missouri · 1948
  4. Wilson v. FrostSupreme Court of Missouri · 1905
  5. Estate of Borner v. CommissionerUnited States Tax Court · 1955

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