Legal Opinion

Heipershausen v. Commissioner

United States Board of Tax Appeals

Decided November 14, 1929No. Docket No. 24911Published

1. Within one month prior to death decedent transferred certain stock as absolute gift to sons. In view of evidence respecting decedent's condition, his knowledge of the nature of his ailment, the extent of his activities, and his state of mind, together with the existence of a long standing promise and the contemporaneous declaration that the transfer was made in fulfillment of that promise, held that the transfer was not made in contemplation of death. 2. Attorneys' fees…

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1. Within one month prior to death decedent transferred certain stock as absolute gift to sons. In view of evidence respecting decedent's condition, his knowledge of the nature of his ailment, the extent of his activities, and his state of mind, together with the existence of a long standing promise and the contemporaneous declaration that the transfer was made in fulfillment of that promise, held that the transfer was not made in contemplation of death. 2. Attorneys' fees paid for services rendered estate, held, proper deduction from gross estate.

1Opinion of the Court

GEORGE HEIPERSHAUSEN AND PHILLIP HEIPERSHAUSEN, EXECUTORS, ESTATE OF PHILLIP HEIPERSHAUSEN, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Heipershausen v. Commissioner

Docket No. 24911.

United States Board of Tax Appeals

18 B.T.A. 218; 1929 BTA LEXIS 2100;

November 14, 1929, Promulgated

1. Within one month prior to death decedent transferred certain stock as absolute gift to sons. In view of evidence respecting decedent's condition, his knowledge of the nature of his ailment, the extent of his activities, and his state of mind, together with the existence of a long standing promise…

2Cases cited1 opinion

  1. Heipershausen v. CommissionerUnited States Board of Tax Appeals · 1929

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