De Guebriant v. Commissioner
United States Tax Court
Respondent included in the gross estate of decedent, a nonresident alien not engaged in business in the United States at the time of her death, one-half of certain trust funds deposited in the name of the trustees in a New York bank, to which half she was entitled as a remainderman.
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Respondent included in the gross estate of decedent, a nonresident alien not engaged in business in the United States at the time of her death, one-half of certain trust funds deposited in the name of the trustees in a New York bank, to which half she was entitled as a remainderman. He also included in decedent's gross estate bonds of the United States issued both before and after March 1, 1941, as well as United States certificates of indebtedness issued subsequent to March 1, 1941, plus the accrued interest on all these obligations. Respondent increased the value of certain stock over the…
1Opinion of the Court
OPINION.
Hill, Judge:
Issue 1.- — -The first question we have to determine in this proceeding is whether one-half of the trust funds deposited in the name of the trustees of the La Grange trust at the United States Trust Co. constituted money on deposit “by or for” decedent within the meaning of section 863 (b) of the Internal Revenue Code1 at the time of her death. Respondent concedes that all the other requirements of this section of the code are met. While he admits that decedent was entitled to receive one-half of the assets of the La Grange trust after the death of La Grange, he claims…
2Cases cited9 opinions
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Plummer v. ColerSupreme Court of the United States · 1900
- United States Trust Co. v. HelveringSupreme Court of the United States · 1939
- Murdock v. WardSupreme Court of the United States · 1900
- In Re the Accounting of BeeckmanNew York Court of Appeals · 1930
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- The Estate of Mary Frances Smith Bright, Deceased, by H. R. Bright, Independent v. United StatesCourt of Appeals for the Fifth Circuit · 1981
- Estate of Andrews v. CommissionerUnited States Tax Court · 1982
- Ward v. CommissionerUnited States Tax Court · 1986
- Estate of Bischoff v. CommissionerUnited States Tax Court · 1977
- United States v. Curtis L. Parker and Martha ParkerCourt of Appeals for the Fifth Circuit · 1967
35 more not listed; retrieve them via the Exa API.