Smith v. Commissioner of Internal Revenue

SPARKS, Circuit Judge.

There a,re three questions presented by this appeal: (1) Was the alleged transfer of shares of stock to- decedent’s children on December 25, 1923, an absolute gift which took effect as of that date? (2) Did the Board err in deciding that the alleged transfer did not amount to an absolute gift, notwithstanding the fact that counsel at the trial head stipulated contrariwise? (3) Where a state inheritance law provides for a discount if taxes are paid within a certain period, and the taxes, reduced by the amount of the discount are paid within such period, is the full amount…