Utt v. State Tax Commission

(dissenting) — I. I cannot conclude this transfer is taxable under our statute. Section 450.3, Code of 1950, provides :

“The tax hereby imposed shall be collected upon the net market value * * “ of any property passing: * * *

“3. By deed, grant, sale, gift or transfer made or intended to take effect in possession or enjoyment after the death of the grantor or donor. A transfer * * * in respect of which the transferor reserves to himself a life income or interest shall be deemed to have been intended to take effect in possession or enjoyment at death * *

The majority opinion is based on this…