Rainger v. Commissioner
United States Tax Court
1. Decedent transferred all funds held as community property to the separate bank account of his wife in order to avoid his own generosity in making unfortunate loans and injudicious investments.
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1. Decedent transferred all funds held as community property to the separate bank account of his wife in order to avoid his own generosity in making unfortunate loans and injudicious investments. Since there was no agreement to transmute community property to separate property, held, management and control of the property by the wife is insufficient, standing alone, to effect such transmutation. 2. A decree of the state court in inheritance tax proceedings purporting to decide that community property was transmuted to separate property of the husband and wife held as tenants in common, held,…
1Opinion of the Court
OPINION.
KeRn, Judge:
By amendment effective October 21, 1942, (two days before the death of decedent) section 811 (e) (2) of the Internal Revenue Code3 required the inclusion of all community property in the gross estate of the decedent.
Petitioner contends that the decedent owned no community property, but only a one-half interest in property owned by the decedent and his wife as tenants in common. Under the California community property system, all property acquired by either spouse during the existence of the marital union, except by gift, devise, bequest, or descent, is presumed to belong…
2Cases cited10 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Kaltschmidt v. WeberCalifornia Supreme Court · 1904
- Green v. CommissionerUnited States Tax Court · 1946
- In Re Estate of BumpCalifornia Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rainger v. CommissionerUnited States Tax Court · 1949