Estate of Emerson v. Commissioner
United States Tax Court
Upon the death of decedent's wife in 1964, respondent asserted a gift tax deficiency in settlement of which decedent paid a gift tax on the theory that, upon his wife's death, their joint and mutual will effected a gift of the remainder interest in certain property of decedent.
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Upon the death of decedent's wife in 1964, respondent asserted a gift tax deficiency in settlement of which decedent paid a gift tax on the theory that, upon his wife's death, their joint and mutual will effected a gift of the remainder interest in certain property of decedent. Upon decedent's death in 1970, respondent determined a deficiency in petitioner's Federal estate tax on the theory that, upon his wife's death, decedent had made a gift of a remainder interest with a retained life interest in such property so that its value should be included in decedent's gross estate under sec. 2036,…
1Opinion of the Court
Forrester, Judge:
Respondent has determined a deficiency in petitioner’s Federal estate tax in the amount of $71,590.04. Concessions having been made, the following issues remain for our decision: (1) Whether respondent is estopped from filing an amended answer to plead an alternative legal position under section 2033;1 and (2) if respondent is estopped, whether the value of certain property should be included in Zac Emerson’s gross estate under section 2036; or (3) if respondent is allowed to amend his answer, whether the value of such property is includable under either section 2033 or…
2Cases cited20 opinions
- Thomas v. PerkinsSupreme Court of the United States · 1937
- Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
- Morris G. Underwood and Jackie Underwood, Individuals v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1976
- Underwood v. CommissionerUnited States Tax Court · 1975
- Sanderling, Inc. v. CommissionerUnited States Tax Court · 1976
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3Cited by128 opinions
- Harold M. Reynolds v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1988
- Boulez v. CommissionerUnited States Tax Court · 1981
- Manocchio v. CommissionerUnited States Tax Court · 1982
- Kronish v. CommissionerUnited States Tax Court · 1988
- Norfolk Southern Corp. v. CommissionerUnited States Tax Court · 1995
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