Estate of Ogarrio (Daguerre) v. Commissioner
United States Tax Court
1. Decedent was a nonresident alien not engaged in business in the United States. Prior to his death his stockbroker in New York had credited his account with the proceeds from stock sold for the decedent, and this amount was owing to decedent at the time of his death. Held: The money thus owed to decedent was not excludable from his gross estate as "bank deposits."
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1. Decedent was a nonresident alien not engaged in business in the United States. Prior to his death his stockbroker in New York had credited his account with the proceeds from stock sold for the decedent, and this amount was owing to decedent at the time of his death. Held: The money thus owed to decedent was not excludable from his gross estate as "bank deposits." Sec. 2105(b), I.R.C. 1954. The mere fact that the brokerage firm had bank accounts of its own was not sufficient to justify treating them as reflecting "moneys deposited * * * by or for" the decedent in a bank. 2. Shares of stock…
1Opinion of the Court
Estate of Rodolfo Ogarrio (Daguerre), Deceased, Frank Rashap, Ancillary Administrator, Petitioner, v. Commissioner of Internal Revenue, Respondent
Estate of Ogarrio (Daguerre) v. Commissioner
Docket No. 89850
United States Tax Court
40 T.C. 242; 1963 U.S. Tax Ct. LEXIS 133;
May 7, 1963, Filed
Decision will be entered for the respondent.
1. Decedent was a nonresident alien not engaged in business in the United States. Prior to his death his stockbroker in New York had credited his account with the proceeds from stock sold for the decedent, and this amount was owing to decedent at the time of his…
2Cases cited12 opinions
- De Guebriant v. CommissionerUnited States Tax Court · 1950
- Weiss v. CommissionerUnited States Tax Court · 1946
- Estate of Davey v. CommissionerUnited States Tax Court · 1948
- Gade v. CommissionerUnited States Tax Court · 1948
- De Eissengarthen v. CommissionerUnited States Tax Court · 1948
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