Estate of Barlow v. Commissioner
United States Tax Court
By a deed of gift, decedent and his spouse transferred a 372-acre farm to their four children and contemporaneously rented the farm from the children at its fair rental value. Held, decedent did not retain possession of enjoyment of the farm or the right to the income therefrom within the meaning of sec. 2036(a), I.R.C. 1954.
1Opinion of the Court
Featherston, Judge:
Bespondent determined a deficiency in petitioner’s Federal estate tax in the amount of $31,082.09. Concessions have been made by both parties, and the only issues remaining for decision are:(1) Whether the decedent retained such an interest in a 372-acre farm as to require its value to be included in his gross estate under section 20361 as a transfer with a retained life estate; and(2) Whether the estate is entitled to deductions under section 2053(a) (3) for unpaid crop rentals on the farm.
FINDINGS OF FACT
Katie M. Stinson, petitioner, is the surviving spouse and executrix…
2Cases cited14 opinions
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- United States v. Estate of GraceSupreme Court of the United States · 1969
- United States v. O'MALLEYSupreme Court of the United States · 1966
- Estate of Daniel McNichol Deceased, Ellen McNichol Evangelista and Joseph G. McNichol Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- McNichol v. CommissionerUnited States Tax Court · 1958
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3Cited by37 opinions
- Estate of Lydia G. Maxwell, Deceased First National Bank of Long Island Victor C. McCuaig Jr., Executors v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1993
- Estate of Rapelje v. CommissionerUnited States Tax Court · 1979
- Estate of Gilman v. CommissionerUnited States Tax Court · 1975
- Estate of Paxton v. CommissionerUnited States Tax Court · 1986
- Estate of Kerdolff v. CommissionerUnited States Tax Court · 1972
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