Legal Opinion

Estate of Gerard v. Commissioners

United States Tax Court

Decided March 13, 1972No. Docket No. 5573-69PublishedCited by 28 opinions

Held, the transfer of 51 shares of stock of Aeon Realty Co. by the decedent, Sumner Gerard, to his sons on Jan. 2, 1964, followed by his death on Mar. 10, 1966, constituted a gift made in "contemplation of death" within the meaning of sec. 2035, I.R.C. 1954.

1Opinion of the Court

Quealy, Judge:

The respondent determined a deficiency in the Federal estate tax of the Estate of Sumner Gerard, deceased, in the amount of $4,111,906.38. Except for certain gifts by the decedent, the various issues have 'been disposed of by agreement of the parties. Consequently, the only issue remaining for decision is whether the transfer by the decedent on January 2, 1964, of 51 shares of stock in Aeon Realty Co., distributed in equal portions to his three sons, was made in contemplation of death within the meaning of section 2035.1

FINDINGS OF FACT

Some of the facts have been stipulated. The…

2Cases cited27 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Commissioner v. WilcoxSupreme Court of the United States · 1946
  3. Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
  4. First Trust & Deposit Co. v. ShaughnessyCourt of Appeals for the Second Circuit · 1943
  5. McCaughn v. Real Estate Land Title & Trust Co.Supreme Court of the United States · 1936

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

3Cited by28 opinions

  1. Estate of Hill v. CommissionerUnited States Tax Court · 1975
  2. Estate of Honickman v. CommissionerUnited States Tax Court · 1972
  3. Estate of Lowe v. CommissionerUnited States Tax Court · 1975
  4. Estate of Himmelstein v. CommissionerUnited States Tax Court · 1980
  5. Estate of Silverman v. CommissionerUnited States Tax Court · 1973

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

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