Heipershausen v. Commissioner
United States Board of Tax Appeals
1. Within one month prior to death decedent transferred certain stock as absolute gift to sons. In view of evidence respecting decedent's condition, his knowledge of the nature of his ailment, the extent of his activities, and his state of mind, together with the existence of a long standing promise and the contemporaneous declaration that the transfer was made in fulfillment of that promise, held that the transfer was not made in contemplation of death. 2. Attorneys' fees…
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1. Within one month prior to death decedent transferred certain stock as absolute gift to sons. In view of evidence respecting decedent's condition, his knowledge of the nature of his ailment, the extent of his activities, and his state of mind, together with the existence of a long standing promise and the contemporaneous declaration that the transfer was made in fulfillment of that promise, held that the transfer was not made in contemplation of death. 2. Attorneys' fees paid for services rendered estate, held, proper deduction from gross estate.
1Opinion of the Court
OPINION.
Sternhagen :
Petitioners contend that the transfer was not motivated by the fear that death was near at hand and that it was merely made in fulfillment of a long standing promise of decedent to give his sons an interest in the business. Since the transfer was absolute, there is involved no question of whether the transfer was one intended to take effect in possession or enjoyment at or after death. Sadie S. Davis, Executrix, 9 B. T. A. 1212. The transfer in question was made without a fair consideration in money or money’s *219worth and within two years prior to the death of the decedent,…
2Cited by3 opinions
- Foster v. CommissionerUnited States Board of Tax Appeals · 1932
- Heiner v. DonnanSupreme Court of the United States · 1932
- Heipershausen v. CommissionerUnited States Board of Tax Appeals · 1929