Legal Opinion

Estate of Emerson v. Commissioner

United States Tax Court

Decided January 6, 1977No. Docket No. 5803-75PublishedCited by 128 opinions

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

  1. Thomas v. PerkinsSupreme Court of the United States · 1937
  2. Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
  3. Morris G. Underwood and Jackie Underwood, Individuals v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1976
  4. Underwood v. CommissionerUnited States Tax Court · 1975
  5. Sanderling, Inc. v. CommissionerUnited States Tax Court · 1976

15 more not listed; retrieve them via the Exa API.

3Cited by128 opinions

  1. Harold M. Reynolds v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1988
  2. Boulez v. CommissionerUnited States Tax Court · 1981
  3. Manocchio v. CommissionerUnited States Tax Court · 1982
  4. Kronish v. CommissionerUnited States Tax Court · 1988
  5. Norfolk Southern Corp. v. CommissionerUnited States Tax Court · 1995

123 more not listed; retrieve them via the Exa API.

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