Legal Opinion

Harwood v. Commissioner

United States Tax Court

Decided February 8, 1984No. Docket Nos. 6557-81, 6558-81, 6559-81, 6560-81, 6561-81PublishedCited by 70 opinions

On Jan. 1, 1973, A, mother of B, C, and D, transferred to B and C her interest in the family partnership, in exchange for a note. On that same date, the partnership interests of B, C, and D were adjusted to give D an additional one-eighteenth interest and to reduce B and C's interests correspondingly. On Dec. 29, 1976, B and C formed trusts for the benefit of their children and transferred thereto 8.89-percent limited partnership interests in the family partnership.

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On Jan. 1, 1973, A, mother of B, C, and D, transferred to B and C her interest in the family partnership, in exchange for a note. On that same date, the partnership interests of B, C, and D were adjusted to give D an additional one-eighteenth interest and to reduce B and C's interests correspondingly. On Dec. 29, 1976, B and C formed trusts for the benefit of their children and transferred thereto 8.89-percent limited partnership interests in the family partnership. The family partnership agreement contained a restrictive clause entitling the partnership to buy out withdrawing partners at…

1Opinion of the Court

Forrester, Judge:

Respondent determined deficiencies in gift taxes for the petitioners in these cases as follows:

Docket No. Petitioner For calendar quarters ended: Deficiency

6557-81 Virginia Z. Harwood 3/31/73 12/31/76 $40,787 209,786

6558-81 Belva Y. Harwood 3/31/73 580,640

6559-81 Morris J. Harwood 3/31/73 12/31/76 12/31/78 12/31/79 91,888 221,848 12,420 16,210

6560-81 Margaret P. Harwood 12/31/76 189,558

6561-81 Arthur H. Harwood 3/31/73 12/31/76 40,787 209,786

After concessions, the issues for our decision are:(1) Whether Belva Harwood made a gift in 1973 to her sons, Arthur H. and Morris J.…

2Cases cited23 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Commissioner v. WemyssSupreme Court of the United States · 1945
  3. Lord v. VeazieSupreme Court of the United States · 1850
  4. Estate of Andrews v. CommissionerUnited States Tax Court · 1982
  5. Estate of Reynolds v. CommissionerUnited States Tax Court · 1970

18 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Estate of Newhouse v. CommissionerUnited States Tax Court · 1990
  2. Ward v. CommissionerUnited States Tax Court · 1986
  3. Frazee v. CommissionerUnited States Tax Court · 1992
  4. Snyder v. CommissionerUnited States Tax Court · 1989
  5. CTUW Hollingsworth v. CommissionerUnited States Tax Court · 1986

65 more not listed; retrieve them via the Exa API.

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