Legal Opinion
Alma M. O'Reilly v. Commissioner of Internal Revenue, Charles H. O'reilly, Sr. v. Commissioner of Internal Revenue
Court of Appeals for the Eighth Circuit
Decided September 1, 1992No. 91-2004, 91-2009PublishedCited by 19 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
The Commissioner of Internal Revenue appeals the Tax Court’s decision that Charles and Alma O’Reilly owe no additional gift tax for the 1985 and 1986 tax years. The issue turns on the valuation of the O’Reillys’ gifts of O’Reilly Automotive, Inc., stock in trust to their children. The Commissioner objected to the O’Reillys’ use of a gift tax actuarial table to value their retained right to dividend income from the stock. The Tax Court upheld the taxpayers’ use of the table. We reverse and remand.
I
In May 1985, Charles and Alma each donated twenty shares of O’Reilly…
2Cases cited32 opinions
- United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982
- Marie H. Hamm v. Commissioner of Internal Revenue, William Hamm, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
- Robinette v. HelveringSupreme Court of the United States · 1943
- Commissioner of Internal Revenue v. MaresiCourt of Appeals for the Second Circuit · 1946
- Powers v. CommissionerSupreme Court of the United States · 1941
27 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rosa Shackleford, Personal Representative of the Estate of Thomas J. Shackleford, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 2001
- Cook v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 2003
- Estate of Paul C. Gribauskas, Deceased, Roy L. Gribauskas, Co-Executor, Carol Beauparlant, Co-Executor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2003
- Anthony v. United StatesCourt of Appeals for the Fifth Circuit · 2008
- Froh v. CommissionerUnited States Tax Court · 1993
14 more not listed; retrieve them via the Exa API.