Weil v. Commissioner
United States Board of Tax Appeals
1. The common-law doctrine of estates by the entirety exists in Michigan, and upon the death of one spouse there is no transfer of property upon which to impose a tax. 2. Under the laws of Michigan, joint depositors in bank accounts payable to either or the survivor, are joint tenants, and in the absence of evidence establishing the contrary, during their lifetime they are equal owners of the funds.
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1. The common-law doctrine of estates by the entirety exists in Michigan, and upon the death of one spouse there is no transfer of property upon which to impose a tax. 2. Under the laws of Michigan, joint depositors in bank accounts payable to either or the survivor, are joint tenants, and in the absence of evidence establishing the contrary, during their lifetime they are equal owners of the funds. Upon the death of a cotenant his one-half interest passes to the survivor and should be included in the decedent's gross estate.
1Opinion of the Court
*966OPINION.
Aeundell:
In the stipulation of facts filed herein the respondent confessed error in including as a part of decedent’s gross estate the amount of $155,397.56 representing the value of certain real estate-acquired by decedent and his wife as tenants by the entirety prior to November 23, 1921, and the amount of $9,046.20 in a joint bank account at the time of decedent’s death in the Wayne County & Home Savings Bank. In accordance with this stipulation these amounts should be deducted from the gross estate of the decedent.
This leaves for disposition only the question of whether or not…
2Cases cited16 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Shwab v. DoyleSupreme Court of the United States · 1922
- Saltonstall v. SaltonstallSupreme Court of the United States · 1928
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- In Re Estate of GurnseyCalifornia Supreme Court · 1918
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3Cited by4 opinions
- American Sec. & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- Robinson v. CommissionerUnited States Board of Tax Appeals · 1931
- Sommers v. CommissionerUnited States Board of Tax Appeals · 1930
- Weil v. CommissionerUnited States Board of Tax Appeals · 1929