Legal Opinion
Commissioner of Internal Revenue v. Sharp
Court of Appeals for the Ninth Circuit
Decided January 16, 1946No. 11064PublishedCited by 30 opinions
1Opinion of the Court
GARRECHT, Circuit Judge.
On September 20, 1938, the respondent, Madeleine N. Sharp, created an irrevocable trust in favor of her minor son Donald Nichols Sharp, and made a gift of cash and securities to the trust of the value of $252,090.70 on the same- date. The donor made a gift tax return for 1938, claiming the statutory exclusion of $5,000 for the gift. The gift tax was paid on this basis.
The Commissioner determined there was a deficiency, disallo-wing the $5,000 exclusion on the ground that the gift was of future interests in property within the meaning of the Revenue Act of 1932, c. 209,…
2Cases cited6 opinions
- Dobson v. CommissionerSupreme Court of the United States · 1944
- United States v. PelzerSupreme Court of the United States · 1941
- Fondren v. CommissionerSupreme Court of the United States · 1945
- Commissioner v. DisstonSupreme Court of the United States · 1945
- Helvering v. HutchingsSupreme Court of the United States · 1941
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Brody v. CommissionerUnited States Tax Court · 1952
- Thorrez v. CommissionerUnited States Tax Court · 1958
- United States v. R. W. Baker, United States of America v. Penelope S. BakerCourt of Appeals for the Fourth Circuit · 1956
- Perkins v. CommissionerUnited States Tax Court · 1956
- Morgan v. CommissionerUnited States Tax Court · 1964
25 more not listed; retrieve them via the Exa API.