Legal Opinion

Lamoureux v. Iowa Department of Revenue

Supreme Court of Iowa

Decided September 23, 1987No. 86-1333PublishedCited by 8 opinions

1Opinion of the Court

SCHULTZ, Justice.

This appeal concerns Iowa’s disclaimer of succession to property statute, Iowa Code section 633.704. 1 The issues involve interpretation of this section to determine (1) when the nine month period for disclaiming a joint tenant’s survivorship interest commences, see section 633.704(2)(a), and (2) what constitutes an acceptance of that interest such that any disclaimer is barred, see section 633.704(4). On judicial review the district court held that although appellant disclaimed his survivorship interest within nine months of his wife’s death, the disclaimer was ineffective…

2Cases cited19 opinions

  1. United States v. JacobsSupreme Court of the United States · 1939
  2. Jewett v. CommissionerSupreme Court of the United States · 1982
  3. Gwinn v. CommissionerSupreme Court of the United States · 1932
  4. Frederick v. ShormanSupreme Court of Iowa · 1966
  5. Fleming v. FlemingSupreme Court of the United States · 1924

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3Cited by8 opinions

  1. In Re Estate of ThomannSupreme Court of Iowa · 2002
  2. In Re the Estate of JohnsonSupreme Court of Iowa · 2007
  3. In Re the Estate of KirkSupreme Court of Iowa · 1999
  4. Whitney v. FaulknerUtah Supreme Court · 2004
  5. Beverly Gardiner Nance v. Iowa Department of RevenueSupreme Court of Iowa · 2018

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