Legal Opinion

Estate of Kincade v. Commissioner

United States Tax Court

Decided November 16, 1977No. Docket No. 4030-74Published

Decedent purchased nonregistered bearer bonds through brokerage accounts maintained in his name alone, in his wife's name, and in their joint names. These bonds were found in a safe-deposit box to which the wife had no access. Held, the bonds purchased through the wife's brokerage account were not shown to be owned by her and were properly included in decedent's gross estate.

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Decedent purchased nonregistered bearer bonds through brokerage accounts maintained in his name alone, in his wife's name, and in their joint names. These bonds were found in a safe-deposit box to which the wife had no access. Held, the bonds purchased through the wife's brokerage account were not shown to be owned by her and were properly included in decedent's gross estate. Held, further, the bonds purchased through the joint account were not shown to have been owned by decedent and his wife as joint tenants so that they passed to her on his death by survivorship and thus qualified for the…

1Opinion of the Court

Estate of Leonard P. Kincade, Deceased, Verl G. Miller, Ralph Berry, and Lilien Kincade, Co-Executors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Kincade v. Commissioner

Docket No. 4030-74

United States Tax Court

69 T.C. 247; 1977 U.S. Tax Ct. LEXIS 23;

November 16, 1977, Filed

Decision will be entered under Rules 155 and 156.

Decedent purchased nonregistered bearer bonds through brokerage accounts maintained in his name alone, in his wife's name, and in their joint names. These bonds were found in a safe-deposit box to which the wife had no access. Held, the bonds…

2Cases cited12 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Robison v. Fickle, Extr.Indiana Court of Appeals · 1976
  3. Kraus v. KRAUS, ETC.Indiana Supreme Court · 1956
  4. Grant Trust & Savings Co. v. TuckerIndiana Court of Appeals · 1911
  5. Hayes v. McKinneyIndiana Court of Appeals · 1920

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