Legal Opinion

Tuffli v. Commissioner

United States Board of Tax Appeals

Decided October 26, 1928No. Docket Nos. 17042, 17043, 17045PublishedCited by 2 opinions

Held, that the evidence does not sustain the petitioners' allegation that certain securities were transferred by gift by each of them to their respective wives.

1Opinion of the Court

*1256OPINION.

Lansdon:

The only question here is whether the petitioners completed the gift to their wives by the securities in question in such manner as to pass the title to the respective wives of both the principal and income of the property alleged to have been transferred. It is elementary that the essential elements of a gift are an intention to give, a transfer of title or delivery and an acceptance by the donee. It is stipulated that the securities here involved were negotiable commercial paper. The Uniform Negotiable Instruments Act, adopted by all the States of our Republic, provides that…

2Cases cited5 opinions

  1. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  2. Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
  3. Chambers v. McCreeryCourt of Appeals for the Fourth Circuit · 1901
  4. Hatch v. AtkinsonSupreme Judicial Court of Maine · 1868
  5. Chambers v. McCreeryU.S. Circuit Court for the District of West Virginia · 1899

3Cited by2 opinions

  1. Apt v. BirminghamDistrict Court, N.D. Iowa · 1950
  2. Tuffli v. CommissionerUnited States Board of Tax Appeals · 1928

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