Union Commerce Bank v. Commissioner
United States Tax Court
1. Petitioner is a transferee of Ethel Baker Kolb who was a tranferee of her mother (decedent) Justina C. Baker. Ethel F. Kaufman, a widow and sister of decedent, died testate in 1939. In her will, except for a specific bequest of $ 1,000, she left all of her property in trust to pay two-thirds of the income in equal shares to her sister Justina, her niece Ethel Baker Kolb, her brother Leon D. Mowry, and her niece Mary Henrietta Mowry (daughter of Leon). The will was…
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1. Petitioner is a transferee of Ethel Baker Kolb who was a tranferee of her mother (decedent) Justina C. Baker. Ethel F. Kaufman, a widow and sister of decedent, died testate in 1939. In her will, except for a specific bequest of $ 1,000, she left all of her property in trust to pay two-thirds of the income in equal shares to her sister Justina, her niece Ethel Baker Kolb, her brother Leon D. Mowry, and her niece Mary Henrietta Mowry (daughter of Leon). The will was uncertain as to the disposition of the other one-third of the income and the remainder. The will was contested by the heirs of…
1Opinion of the Court
OPINION.
Arundell, Judge:
Respondent determined for assessment against petitioner the amount of $190,811.11, plus interest as provided by law, constituting petitioner’s liability as trustee-transferee of property of Ethel M. Kolb, transferee of property of the estate of Justina C. Baker, Cleveland, Ohio, for a deficiency in estate tax.
The errors assigned are as follows:(a) Respondent erred in determining that the decedent, Justina C. Baker, was at her death possessed of an undivided one-half vested interest in a trust under the will of Ethel F. Kaufman.(b) Respondent erred in including any part…
2Cases cited8 opinions
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Lyeth v. HoeySupreme Court of the United States · 1938
- Hornor's Estate v. COMMISSIONER OF INTERNAL REVENUECourt of Appeals for the Third Circuit · 1942
- Hornor v. CommissionerUnited States Board of Tax Appeals · 1941
- Commissioner of Internal Revenue v. Estate of Elizabeth W. Vease, Deceased, James L. VeaseCourt of Appeals for the Ninth Circuit · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- The Union Commerce Bank, Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1964
- Estate of Webster v. CommissionerUnited States Tax Court · 1976
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
- Estate of Millikin v. CommissionerUnited States Tax Court · 1995
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
3 more not listed; retrieve them via the Exa API.