Brown v. Commissioner
United States Board of Tax Appeals
1. The transfer of stock to the wife of the petitioner's decedent was made in contemplation of death. 2. Taxes on property held by the executors of an estate, which are accrued and paid after the estate came into being, are not deductible from the corpus as administrative expenses.
1Opinion of the Court
*1186OPINION.
Lansdon:
The respondent has determined that the gift here in controversy was made in contemplation of death. The question is one of fact. United States v. Wells, 283 U.S. 102. The decedent made the transfer under review only a little more than two months before he died and at a time when he was much concerned as to his health. The weight of opinion, however, in such circumstances, is that neither the state of the donor’s health nor the time between the gift and death are factors that conclusively determine the purpose of such a gift.
The facts appear to indicate quite clearly that the…
2Cases cited4 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Hill v. GrissomDistrict Court, E.D. North Carolina · 1924
- Igleheart v. CommissionerUnited States Board of Tax Appeals · 1933
- Shelton v. CommissionerUnited States Board of Tax Appeals · 1926
3Cited by1 opinion
- Brown v. CommissionerUnited States Board of Tax Appeals · 1934