Estate of Rapelje v. Commissioner
United States Tax Court
Decedent transferred by gift his personal residence to his two daughters, but most of the time he continued living in it. There was an implied understanding between the parties, arising contemporaneously with the transfer, whereby the decedent was allowed to retain possession or enjoyment of the residence for a period which did not in fact end before his death.
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Decedent transferred by gift his personal residence to his two daughters, but most of the time he continued living in it. There was an implied understanding between the parties, arising contemporaneously with the transfer, whereby the decedent was allowed to retain possession or enjoyment of the residence for a period which did not in fact end before his death. Held, the value of the residence is includable in the decedent's gross estate under sec. 2036(a)(1), I.R.C. 1954. Held, further: Since the executrices knew that a Federal estate tax return was required but were unaware of the due date,…
1Opinion of the Court
Estate of Adrian K. Rapelje, Priscilla R. Wright and Helen R. Mulligan, Executors, Petitioners v. Commissioner of Internal Revenue, Respondent
Estate of Rapelje v. Commissioner
Docket No. 1605-77
United States Tax Court
73 T.C. 82; 1979 U.S. Tax Ct. LEXIS 37;
October 15, 1979, Filed
Decision will be entered under Rule 155.
Decedent transferred by gift his personal residence to his two daughters, but most of the time he continued living in it. There was an implied understanding between the parties, arising contemporaneously with the transfer, whereby the decedent was allowed to retain possession or…
2Cases cited30 opinions
- Paula Constr. Co. v. CommissionerUnited States Tax Court · 1972
- Haywood Lumber & Mining Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Hatfried, Inc. v. Commissioner of Internal Rev.Court of Appeals for the Third Circuit · 1947
- Sanderling, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1978
- Estate of Christ v. Comm'rUnited States Tax Court · 1970
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