Hambleton v. Commissioner
United States Tax Court
Petitioner and her husband executed a joint and contractual will whereby the share of the community property of the first to die was to pass to a testamentary trust, and at his (or her) death, in order to assure judicious management, the share of the survivor was to be placed in a separate trust.
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Petitioner and her husband executed a joint and contractual will whereby the share of the community property of the first to die was to pass to a testamentary trust, and at his (or her) death, in order to assure judicious management, the share of the survivor was to be placed in a separate trust. The survivor was to receive the income from the separate trust for life, distributions of corpus if needed for support and maintenance, and additional corpus with the consent of one P. Russell Hambleton and the beneficiaries of the testamentary trust. On the death of the survivor, her (or his)…
1Opinion of the Court
OPINION
Featherston, Judge:
Respondent determined a deficiency for 1967 in the gift tax of petitioner Sallie B. Hambleton, in the amount of $150,880.61. The issue is whether petitioner, the surviving testator in a jointly executed will, made a gift at the time of her husband’s death of a remainder interest in her one-half aliare of the community property.
The case was submitted pursuant to Rule 30 of the Rules of Practice of this Court, and all the facts are stipulated.
Petitioner’s legal residence at the time the petition herein was filed was Dallas, Tex. She filed a gift tax return for 1967…
2Cases cited35 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Nye v. BradfordTexas Supreme Court · 1946
- Murphy v. SlatonTexas Supreme Court · 1954
- Larrabee v. PorterCourt of Appeals of Texas · 1914
30 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of Emerson v. CommissionerUnited States Tax Court · 1977
- Estate of William A. Lidbury, Deceased, Harry Lidbury, Petitioner- Cross-Appellant v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Grace S. Pyle, a Disabled Adult, by Carolyn Straub, Successor Guardian of Her Estate v. United StatesCourt of Appeals for the Seventh Circuit · 1985
- Outwin v. CommissionerUnited States Tax Court · 1981
- Estate of Grimes v. CommissionerUnited States Tax Court · 1987
4 more not listed; retrieve them via the Exa API.