Loetscher v. Commissioner
United States Board of Tax Appeals
1. Certain gifts made by decedent within two years of his death held to have been made in contemplation of death. 2. Value of certain assets at the date of decedent's death determined. 3. In computing the net estate of a decedent subject to estate tax, deductions should be allowed for such charges, such as commissions, expenses and attorney's fees as will ultimately be allowed by the laws of the jurisdiction under which the estate is being administered, whether or not such…
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1. Certain gifts made by decedent within two years of his death held to have been made in contemplation of death. 2. Value of certain assets at the date of decedent's death determined. 3. In computing the net estate of a decedent subject to estate tax, deductions should be allowed for such charges, such as commissions, expenses and attorney's fees as will ultimately be allowed by the laws of the jurisdiction under which the estate is being administered, whether or not such amounts have been allowed by order of court or paid at the time of the hearing before the Board. Samuel E. A. Stern,2…
1Opinion of the Court
*229OPINION.
Phillips:
The principal question involved in this proceeding is whether the gifts made by decedent to his children in January, 1921, were made in contemplation of death. Section 402 (e), Revenue Act of 1921. It is provided by the statute that any gift of a material part of the property of a decedent within two years of his death shall, unless shown to the contrary, be deemed to have been made in contemplation of death. By reason of this statutory provision, as well as the provisions of our rules of practice, the burden of proof rests on the petitioners.
The principal witness for…
2Cited by11 opinions
- Stewart v. CommissionerUnited States Board of Tax Appeals · 1934
- Lamport v. CommissionerUnited States Board of Tax Appeals · 1933
- Cain v. CommissionerUnited States Board of Tax Appeals · 1941
- Degener v. CommissionerUnited States Board of Tax Appeals · 1932
- Goldschmidt v. CommissionerUnited States Board of Tax Appeals · 1929
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