Lester v. Commissioner
United States Board of Tax Appeals
1. When the property of an incompetent is placed in the hands of a court, the court acts for and in the place and stead of the incompetent.
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1. When the property of an incompetent is placed in the hands of a court, the court acts for and in the place and stead of the incompetent. In such premises, the court by appropriate order may authorize a gift out of the property of the incompetent. 2. Where a state court having jurisdiction of the estate of an incompetent finds that the husband and adult children of the incompetent are dependent on the estate of the incompetent and incapable of self-support and over a period of years makes them regular and special allowances for maintenance and support, held, the action of the state court is…
1Opinion of the Court
*522OPINION.
Van Fossan:
In these cases we have the question whether payments made from the income of the estate of an incompetent woman, pursuant to order of a California court having jurisdiction of the estate, the payments being for the maintenance and support of the husband of the incompetent and her two daughters, are subject to gift tax under the provisions of section 501 of the Revenue Act of 1932, as amended by the Revenue Acts of 1934 and 1935. There is also involved the status of payments made in 1937 by way of distribution of the surplus income of the estate. Deficiencies for the years…
2Cases cited5 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Tuller v. Superior CourtCalifornia Supreme Court · 1932
- Janes v. EdwardsCalifornia Court of Appeal · 1935
- Gamble v. LevaSupreme Court of Alabama · 1924