United States Trust Co. v. Commissioner
United States Board of Tax Appeals
1. The Board has jurisdiction of an appeal from a determination of the Commissioner, made subsequent to the enactment of the Revenue Act of 1924, denying a claim in abatement of estate taxes assessed prior to the date of such enactment.
Read the full summary
1. The Board has jurisdiction of an appeal from a determination of the Commissioner, made subsequent to the enactment of the Revenue Act of 1924, denying a claim in abatement of estate taxes assessed prior to the date of such enactment. Appeal of Peter Reinberg Estate,1 B.T.A. 953, cited and approved. 2. The cancellation by a father of a promissory note in his favor executed by his son, under circumstances set out in this appeal, held to have been a transfer in praesenti, the possession and enjoyment of which vested immediately in the son and were not postponed to take effect at or after the…
1Opinion of the Court
*1089OPINION.
Korner, Chairman: This Board has recently held in Appeal of Peter Beinberg Estate, 1 B. T. A. 953, that it has jurisdiction of an appeal from a determination of the Commissioner, made subsequent to the enactment of the Revenue Act of 1924, denying a claim in abatement of estate taxes assessed prior to the date of such enactment. The facts in that appeal relative to the jurisdiction of this Board are substantially on all fours with the facts in the instant appeal. On the authority of that decision the motion of the Commissioner to dismiss the taxpayer’s petition herein is denied.
The…
2Cases cited6 opinions
- Levy v. WardellSupreme Court of the United States · 1922
- In re the Appraisal of the Property of ThorneAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Appraisal of the Property of EdgertonAppellate Division of the Supreme Court of the State of New York · 1898
- Polk v. MilesDistrict Court, D. Maryland · 1920
- In re Edgerton's EstateAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Trimble v. CommissionerUnited States Tax Court · 1944
- United States Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1925