Rodenbough v. Commissioner
United States Board of Tax Appeals
The value of property purchased by decedent through investments of proceeds of sale of securities acquired by decedent as a share in the estate of a prior decedent who died within five years and on whose estate an estate tax was paid, was acquired in exchange within the meaning of section 403(a)(2) of the Revenue Act of 1918 and such value is not properly to be included in the value of decedent's gross estate.
1Opinion of the Court
*480OPINION.
Korner:
The Commissioner held that the value of property purchased by the decedent through investments of proceeds of sale of property acquired by decedent as a share in the estate of a prior decedent who died within five years, on whose estate an estate tax was paid, was not acquired in exchange within the meaning of section 408(a) (2) of the revenue act of 1918, and, therefore, its value is not deductible from the value of decedent’s gross estate as property so received in exchange. The taxpayer contends that the Commissioner was in error in so holding and that such property so…
2Cases cited4 opinions
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Hill v. GrissomDistrict Court, E.D. North Carolina · 1924
- Lowell v. BrownCourt of Appeals for the First Circuit · 1922
3Cited by6 opinions
- Wiggin v. HassettDistrict Court, D. Massachusetts · 1944
- Gary v. CommissionerUnited States Board of Tax Appeals · 1934
- Archbold v. CommissionerUnited States Board of Tax Appeals · 1927
- Northern Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Rodenbough v. CommissionerUnited States Board of Tax Appeals · 1925
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