Harris v. Commissioner
United States Tax Court
1. Gift Tax -- Nonresident Alien -- Bank Deposits. -- Money on deposit in American banks is not exempt or excluded from gift tax as property without the United States on the theory that section 863 (b) of the estate tax chapter is to be read into the gift tax chapter. 2. Gift Tax -- Premiums on Insurance. -- Payments of premiums by wife on policy belonging exclusively to husband were not precluded from being gift on ground that wife had an interest in the policies as…
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1. Gift Tax -- Nonresident Alien -- Bank Deposits. -- Money on deposit in American banks is not exempt or excluded from gift tax as property without the United States on the theory that section 863 (b) of the estate tax chapter is to be read into the gift tax chapter. 2. Gift Tax -- Premiums on Insurance. -- Payments of premiums by wife on policy belonging exclusively to husband were not precluded from being gift on ground that wife had an interest in the policies as husband's heir. 3. Gift Tax -- Settlement at Divorce. -- Payments by wife pursuant to property settlement adopted in decree of…
1Opinion of the Court
OPINION.
MURDOCH, Judge-.
The respondent concedes in his brief that the petitioner was a nonresident alien when she made the transfers during 1940, 1941, and 1942 which are in dispute under the first issue. The evidence alone might leave a question as to residence, cf. John Henry Chapman, 9 T. C. 619, but the Court accepts the agreement of the parties for the purpose of this case. The point upon which the parties disagree in regard to these transfers is whether they are free from gift tax because made from moneys upon deposit in a bank in the United States. Both the estate tax and the gift tax…
2Cases cited6 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Merrill v. FahsSupreme Court of the United States · 1945
- Chapman v. CommissionerUnited States Tax Court · 1947
- Estate of Barnard v. CommissionerUnited States Tax Court · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Robinson v. CommissionerUnited States Tax Court · 1975
- Estate of Robinson v. CommissionerUnited States Tax Court · 1975
- Harris v. CommissionerUnited States Tax Court · 1948
- Harris v. CommissionerSupreme Court of the United States · 1950
- Harris v. CommissionerSupreme Court of the United States · 1950