Moore v. Commissioner
United States Board of Tax Appeals
1. Transfers of securities by the decedent to his son, within two years prior to his death, are held, upon the evidence, not to have been made in contemplation of death. 2. The amount of the liability under a judgment which has become final through affirmance by the highest court of the State, is deductible as a claim against the estate. 3. An estate claiming deductions for charitable bequests, for the purpose of determining the value of the net estate, must produce evidence…
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1. Transfers of securities by the decedent to his son, within two years prior to his death, are held, upon the evidence, not to have been made in contemplation of death. 2. The amount of the liability under a judgment which has become final through affirmance by the highest court of the State, is deductible as a claim against the estate. 3. An estate claiming deductions for charitable bequests, for the purpose of determining the value of the net estate, must produce evidence sufficient to establish their deductibility under the statute. Proof of the names of the legatees, the fact that they…
1Opinion of the Court
*280OPINION.
Steknhagen:
1. There is evidence to support the conclusion that the transfers of securities made by decedent to his son were not made in contemplation of death and there is also evidence against such conclusion. Since each case involving this question must be decided by weighing the evidence in the record, it would serve no useful purpose to narrate or discuss it at length. Bearing in mind at all stages of our consideration that the burden is upon the petitioner to prove facts sufficient to overcome the statutory presumption and the Commissioner’s determination, Wickwire v. Reinicke,…
2Cases cited2 opinions
- Wickwire v. ReineckeSupreme Court of the United States · 1927
- Frohliger v. RichardsonCalifornia Court of Appeal · 1923
3Cited by10 opinions
- Damon v. CommissionerUnited States Tax Court · 1967
- The Second National Bank of New Haven, of the Will of Frederick F. Brewster, Late of Hamden, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1970
- Boston Safe Deposit & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Second National Bank v. United StatesDistrict Court, D. Connecticut · 1969
- Ebner v. CommissionerUnited States Tax Court · 1958
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