Jackson v. Commissioner
United States Board of Tax Appeals
1. Where an alleged donor fails to establish a clear and unmistakable intention on his part to absolutely and irrevocably divest himself of title, dominion, and control of the subject matter of alleged gifts in praesenti and fails to establish an irrevocable transfer of the dominion and control of such gifts to alleged donees so that he can exercise no further act of dominion or control over it, there is no valid gift inter vivos. 2. In such a situation the transfer of…
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1. Where an alleged donor fails to establish a clear and unmistakable intention on his part to absolutely and irrevocably divest himself of title, dominion, and control of the subject matter of alleged gifts in praesenti and fails to establish an irrevocable transfer of the dominion and control of such gifts to alleged donees so that he can exercise no further act of dominion or control over it, there is no valid gift inter vivos. 2. In such a situation the transfer of corporate stock upon the books of a corporation and the issuance of new certificates in the names of such donees is…
1Opinion of the Court
THEODORE C. JACKSON AND W. R. GALLAGHER, ADMINISTRATORS OF THE ESTATE OF CHARLES B. MAXWELL, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Jackson v. Commissioner
Docket No. 57026.
United States Board of Tax Appeals
32 B.T.A. 470; 1935 BTA LEXIS 944;
April 23, 1935, Promulgated
1. Where an alleged donor fails to establish a clear and unmistakable intention on his part to absolutely and irrevocably divest himself of title, dominion, and control of the subject matter of alleged gifts in praesenti and fails to establish an irrevocable transfer of the dominion and control of such gifts…
2Cases cited24 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Crooks v. HarrelsonSupreme Court of the United States · 1930
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- McConville v. InghamSupreme Court of Pennsylvania · 1920
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