Emery v. Commissioner
United States Board of Tax Appeals
1. Ownership of property determined. 2. Where an estate of joint tenancy was created in 1920 between the decedent and his wife and the decedent died on December 25, 1921, only one-half of the value of such property should be included in the gross estate of the decedent for estate-tax purposes.
1Opinion of the Court
*1040OPINION.
ARUndell:
The first two questions are questions of fact. As to the stock in the Chicago Rawhide Mfg. Co., the evidence shows, and we have so found, that Mary Allen Emery was the owner of 189 shares which the respondent included in the decedent’s gross estate. As to the preferred stock in Central Leather Co., there was much confusion and doubt in the testimony and we are unable to say that the respondent erred.
As to the issue of law raised on the third point, that is, the taxation of the property held in joint tenancy, section 402(d) of the Revenue Act of 1921, provides:
That the value…
2Cases cited9 opinions
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Tyler v. United StatesSupreme Court of the United States · 1930
- Shwab v. DoyleSupreme Court of the United States · 1922
- Knox v. McElligottSupreme Court of the United States · 1922
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Emery v. CommissionerUnited States Board of Tax Appeals · 1930
- Griswold v. CommissionerUnited States Board of Tax Appeals · 1931
- Melczer v. CommissionerUnited States Board of Tax Appeals · 1931
- O'Shaughnessy v. CommissionerUnited States Board of Tax Appeals · 1930