Copley v. Commissioner
United States Tax Court
Gift Tax -- Year of Gift -- Antenuptial Agreement. -- Transfers of property made in 1936 and 1944 pursuant to an antenuptial agreement which became binding upon the marriage of the parties in 1931 were not subject to gift taxes in the years 1936 and 1944.
1Dissent
Disney, •/.,
dissenting: This is a case of antenuptial agreement and gift tax. Commissioner v. Wemyss, 324 U. S. 303, and Merrill v. Fahs, 324 U. S. 308, made it altogether plain that a transfer pursuant to antenuptial contract is subject to the gift tax. The majority herein holds that such a transfer is not subject to the gift tax, apparently because of the view that a binding antenuptial contract having been made in 1931 when there was no gift tax law, the gift was then made, though the transfers, that is, the assignments of corporate stock in compliance with the antenuptial agreement, were…
2Cases cited6 opinions
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Merrill v. FahsSupreme Court of the United States · 1945
- Basket v. HassellSupreme Court of the United States · 1883
- Taurog v. CommissionerUnited States Tax Court · 1948
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