Krause v. Yoke

WATKINS, District Judge.

Plaintiff seeks to recover refund of gift taxes paid by him for the years 1940 and 1941. The question presented is whether outright transfer of certain property by the taxpayer to his wife and of other property in trust to his wife in lieu of dower under agreement between the parties, confirmed by the Circuit Court of Ohio County, West Virginia, on December 14, 1940, in a suit for divorce, are subject to gift taxes, where taxpayer in 1937, in an action for separate maintenance by his wife, created a trust for her benefit to provide support of $3,600 per year which…