Pacific Nat'l Bank v. Commissioner
United States Board of Tax Appeals
1. Where the wife of a decedent in a community property state (Washington) waives all her interest in the marital community and acquiesces in the creation by her husband of a testamentary trust disposing of all his property (with unimportant exceptions), including all community property, held, that there is no present transfer to the husband by reason of the waiver which will justify the inclusion of the wife's share of the community property in the decedent's gross estate.…
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1. Where the wife of a decedent in a community property state (Washington) waives all her interest in the marital community and acquiesces in the creation by her husband of a testamentary trust disposing of all his property (with unimportant exceptions), including all community property, held, that there is no present transfer to the husband by reason of the waiver which will justify the inclusion of the wife's share of the community property in the decedent's gross estate. 2. Where the decedent by a trust indenture has subjected the proceeds, not otherwise includable in his gross estate, of…
1Opinion of the Court
*132OPINION.
Kern :
1. Respondent’s inclusion in the decedent’s gross estate, under section 302, Revenue Act of 1926, with such additional tax as *133may be required under section 401, Eevenue Act of 1932, and section 405, Eevenue Act of 1934, of the community interest of decedent’s surviving widow rests wholly on the waiver which she executed on March 18,1931, simultaneously with the execution by the decedent of his will and of the testamentary trust transfer; the respondent contending that this act transferred the wife’s community property to the decedent during his lifetime and that consequently the…
2Cases cited5 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Burnet v. WellsSupreme Court of the United States · 1933
- Lang v. CommissionerSupreme Court of the United States · 1938
- Bloor v. BloorWashington Supreme Court · 1919
- Sponogle v. SponogleWashington Supreme Court · 1915
3Cited by13 opinions
- Wells Fargo Bank & Union Trust Co., of the Will of Walter D. K. Gibson, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1957
- Bomash v. CommissionerUnited States Tax Court · 1968
- Bressani v. CommissionerUnited States Tax Court · 1966
- Estate of CarsonCalifornia Court of Appeal · 1965
- Wells Fargo Bank & Union Trust Co. v. United StatesDistrict Court, N.D. California · 1955
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