Bouchard v. Commissioner
United States Tax Court
1. The petitioner's husband, a resident of Maine, died testate on December 4, 1951. In 1940 he executed a will by which he made token bequests of $ 1 to each of his five children and gave the residue of his estate to the petitioner. Prior to April 13, 1950, the decedent maintained a margin account with a stock brokerage company in Boston, Massachusetts.
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1. The petitioner's husband, a resident of Maine, died testate on December 4, 1951. In 1940 he executed a will by which he made token bequests of $ 1 to each of his five children and gave the residue of his estate to the petitioner. Prior to April 13, 1950, the decedent maintained a margin account with a stock brokerage company in Boston, Massachusetts. Being concerned about his health and desiring to make an arrangement whereby the securities in the account would be readily available to petitioner in the event of his death, the decedent and petitioner on April 11, 1950, executed a joint…
1Concurring in part, dissenting in part
ICeeN, /.,
dissenting and concurring: With regard to the Potato Company stock, I am convinced that there was no intention on the part of Euclide to give to Marie in praesenti “the title, dominion, and control of the subject matter of the gift” as a joint tenant. See Adolph Weil, 31 B.T.A. 899, 906, affd. 82 F. 2d 561. Considering the nature of the alleged gift and Euclide’s status as Marie’s husband, neither the failure of Euclide to make delivery of the stock to Marie nor his retention of some control over it would necessarily be fatal to the validity of the gift, if I could be satisfied from…
2Cases cited17 opinions
- Chippendale v. North Adams Savings BankMassachusetts Supreme Judicial Court · 1916
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1936
- Goldston v. RandolphMassachusetts Supreme Judicial Court · 1936
- Strout v. BurgessSupreme Judicial Court of Maine · 1949
- Perry v. LeveroniMassachusetts Supreme Judicial Court · 1925
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