Wilson v. Commissioner
United States Tax Court
1. Estate Tax -- Gross Estate -- Contemplation of Death -- Section 811 (c). -- Transfers held not in contemplation of death where purposes of transfers were connected with life rather than death and poor health did not prompt transfers. 2. Estate Tax -- Gross Estate -- Power to Terminate -- Section 811 (d). -- Decedent, who was not a trustee and who had expressly surrendered all power to alter, amend, or revoke the trust, relinquished all interest in the trust property and…
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1. Estate Tax -- Gross Estate -- Contemplation of Death -- Section 811 (c). -- Transfers held not in contemplation of death where purposes of transfers were connected with life rather than death and poor health did not prompt transfers. 2. Estate Tax -- Gross Estate -- Power to Terminate -- Section 811 (d). -- Decedent, who was not a trustee and who had expressly surrendered all power to alter, amend, or revoke the trust, relinquished all interest in the trust property and divested himself of all incidents of ownership, had no power to terminate the trust despite his retained power to change…
1Opinion of the Court
OPINION.
Murdock, Judge:
Ample evidence was offered to show the condition of the decedent’s health, his activities, and his probable motives in making the transfers here in question. Most of the other facts were stipulated and are not in dispute. The evidence shows that the’ transfers of 10 shares of common stock of the Luzerne Rubber Co. to each of the 2 children at Christmas in 1943 and again in 1944 were ordinary Christmas presents, were in no sense testamentary in character, and were not made in contemplation of death. They were complete and final gifts which took effect in possession and…
2Cases cited6 opinions
- Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
- Estate of Budlong v. CommissionerUnited States Tax Court · 1946
- Nettleton v. CommissionerUnited States Tax Court · 1945
- Yawkey v. CommissionerUnited States Tax Court · 1949
- Estate of Loughridge v. CommissionerUnited States Tax Court · 1948
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. ByrumSupreme Court of the United States · 1972
- Estate of Ford v. CommissionerUnited States Tax Court · 1969
- Pardee v. CommissionerUnited States Tax Court · 1967
- Loughridge's Estate v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. Loughridge's EstateCourt of Appeals for the Tenth Circuit · 1950
- Budd v. CommissionerUnited States Tax Court · 1968
28 more not listed; retrieve them via the Exa API.