Fish v. Commissioner
United States Board of Tax Appeals
On September 23, 1924, the decedent then being retired from business and 76 years of age, and suffering from hardening of the arteries, conveyed certain real estate to his wife and children as a gift. He died on August 26, 1925. Held, upon the evidence, that the gifts were made in contemplation of death and that the property should be included in the decedent's gross estate.
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On September 23, 1924, the decedent then being retired from business and 76 years of age, and suffering from hardening of the arteries, conveyed certain real estate to his wife and children as a gift. He died on August 26, 1925. Held, upon the evidence, that the gifts were made in contemplation of death and that the property should be included in the decedent's gross estate. Held, Further, that the gifts are subject to the gift tax imposed by the Revenue Act of 1924, as amended by the Revenue Act of 1926, and that the amount of the gift tax should be credited against the amount of the estate…
1Opinion of the Court
*1004OPINION.
Smith :
The filing of the estate and gift tax returns with respect to the same property is explained by the petitioners on brief as follows:
* * * Upon the death of Mr. Fish, the Berkeley attorney, who was a general practitioner and not acquainted with the demands of the revenue laws, prepared and filed only a federal estate tax return. Not any of the parties in interest were aware of the gift tax statute. It was only while the federal estate tax return was being audited that the examining officer suggested a gift tax return should he filed. Upon this direction and more than a year…
2Cases cited19 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Heiner v. DonnanSupreme Court of the United States · 1932
- Milliken v. United StatesSupreme Court of the United States · 1931
- Untermyer v. AndersonSupreme Court of the United States · 1928
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3Cited by3 opinions
- Archbold v. CommissionerUnited States Board of Tax Appeals · 1940
- Fish v. CommissionerUnited States Board of Tax Appeals · 1933
- Wright v. CommissionerUnited States Board of Tax Appeals · 1941