Legal Opinion

Zietz v. Commissioner

United States Tax Court

Decided May 31, 1960No. Docket No. 58654PublishedCited by 4 opinions

The decedent, Hedwig Zietz, was the widow of Hugo Zietz and the mother of Hugo, Jr., and Willy Zeitz. All were citizens of Germany. Hugo died testate, a resident of Germany, in 1927. German law applies to the construction of his will. Before his death he sold his business. He deposited a large part of the proceeds in various banks in the joint names of himself and his wife. The bank accounts were included in his gross estate.

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The decedent, Hedwig Zietz, was the widow of Hugo Zietz and the mother of Hugo, Jr., and Willy Zeitz. All were citizens of Germany. Hugo died testate, a resident of Germany, in 1927. German law applies to the construction of his will. Before his death he sold his business. He deposited a large part of the proceeds in various banks in the joint names of himself and his wife. The bank accounts were included in his gross estate. Under his will, Hedwig was appointed the provisional or first heir, and their two sons were named the reversionary or final heirs. It was proper procedure under German…

1Opinion of the Court

OPINION.

HaRron, Judge:

The issue is whether securities held by banks in New York City upon the death of Hedwig, having a value of $697,-504.29, were her own property, rather than part of the then-remaining assets of the estate of Hugo to which his surviving son, Willy, was entitled as a final heir under his will, so as to be includible in Hedwig’s estate under the provisions of sections 811, 860, and 862 of the 1939 Code.1 See also Eegs. 105, secs. 81.13, 81.49, and 81.50.

Respondent’s determination places upon the petitioner the burden of proving that none of the securities belonged to Hedwig…

2Cases cited20 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Blair v. CommissionerSupreme Court of the United States · 1937
  3. Niles Bement Pond Co. v. United StatesSupreme Court of the United States · 1930
  4. Burnet v. Niagara Falls Brewing Co.Supreme Court of the United States · 1931
  5. Terry v. . WigginsNew York Court of Appeals · 1872

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3Cited by4 opinions

  1. Zietz v. CommissionerUnited States Tax Court · 1960
  2. Zietz v. CommissionerUnited States Tax Court · 1960
  3. Zietz v. CommissionerUnited States Tax Court · 1960
  4. Zietz v. CommissionerUnited States Tax Court · 1960

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