Legal Opinion

Lucey v. Commissioner

United States Tax Court

Decided December 20, 1949No. Docket No. 17810Published

1. Decedent was a member of a Texas marital community. The husband was sole stockholder in a corporation. Held, under the facts, that the corporation was not a fiction and the alter ego of the husband, and that the Commissioner erred in including in the wife's gross estate one-half of the increase in the corporation's surplus during the marriage; held, further, that one-half of the increase during the marriage in the community indebtedness to the corporation is a deduction…

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1. Decedent was a member of a Texas marital community. The husband was sole stockholder in a corporation. Held, under the facts, that the corporation was not a fiction and the alter ego of the husband, and that the Commissioner erred in including in the wife's gross estate one-half of the increase in the corporation's surplus during the marriage; held, further, that one-half of the increase during the marriage in the community indebtedness to the corporation is a deduction from decedent's gross estate. 2. The husband, during the marriage, transferred certain oil leases to the corporation for…

1Opinion of the Court

The Estate of Mrs. Matney Dyer Lucey, Deceased, L. R. Munger, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Lucey v. Commissioner

Docket No. 17810

United States Tax Court

13 T.C. 1010; 1949 U.S. Tax Ct. LEXIS 13;

December 20, 1949, Promulgated

Decision will be entered under Rule 50.

1. Decedent was a member of a Texas marital community. The husband was sole stockholder in a corporation. Held, under the facts, that the corporation was not a fiction and the alter ego of the husband, and that the Commissioner erred in including in the wife's gross estate one-half of the increase…

Also in this document: Dissent.

2Cases cited23 opinions

  1. Higgins v. SmithSupreme Court of the United States · 1940
  2. Burnet v. Commonwealth Improvement Co.Supreme Court of the United States · 1932
  3. Hopkins v. BaconSupreme Court of the United States · 1930
  4. Lalone v. United StatesSupreme Court of the United States · 1896
  5. Stramler v. CoeTexas Supreme Court · 1855

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