Audigier v. Commissioner
United States Tax Court
Previous to their marriage, petitioner's late husband conveyed certain business property to the University of Tennessee, reserving to himself a life interest, together with the right to "* * * make * * * leases thereon for any term * * *." After the marriage, the university acceded to the husband's request to pay over to petitioner for life, in case she survived him, one-half of the net income from the property.
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Previous to their marriage, petitioner's late husband conveyed certain business property to the University of Tennessee, reserving to himself a life interest, together with the right to "* * * make * * * leases thereon for any term * * *." After the marriage, the university acceded to the husband's request to pay over to petitioner for life, in case she survived him, one-half of the net income from the property. Later petitioner, her husband, and the university, as lessors, and a Tennessee corporation, as lessee, executed a 99-year lease of the property, in which, inter alia, the university…
1DissentBruce, J.
The question for decision is whether money received by petitioner from the University of Tennessee represented nontaxable gifts under section 22 (b) (3), Internal Revenue Code, or taxable income under section 22 (a). All the facts were stipulated and, therefore, no factual issue is presented. There is some dispute, however, as to the inferences which should be drawn from the stipulated facts.
The respondent contends, and the majority holds, that the amounts received by petitioner were not gifts because (1) there was an absence of donative intent, and (2) there was consideration. In my opinion…
2Cases cited24 opinions
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Irwin v. GavitSupreme Court of the United States · 1925
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Carragan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1952
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1936
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