Grant v. Commissioner
United States Tax Court
Funds originally belonging to decedent and deposited by him in California banks in accounts carried in his and his wife's names, became the property of such persons as joint tenants. The withdrawal of the funds by the wife three days before decedent's death while he was in a coma and the deposit of the funds in accounts carried in her name only, did not change the character of the tenancy in the absence of an agreement of the parties.
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Funds originally belonging to decedent and deposited by him in California banks in accounts carried in his and his wife's names, became the property of such persons as joint tenants. The withdrawal of the funds by the wife three days before decedent's death while he was in a coma and the deposit of the funds in accounts carried in her name only, did not change the character of the tenancy in the absence of an agreement of the parties. Since no such agreement has been shown it is held that the funds were properly included in decedent's gross estate under section 811 (e) of the Internal Revenue…
1Opinion of the Court
OPINION.
Mellott, Judge:
The applicable provisions of the Internal Revenue Code are shown in the margin.1
Petitioner does not question the propriety of including in gross estate the interest of the decedent in any property held in joint tenancy on the date of the death of decedent. United States v. Jacobs, 306 U. S. 363; Emma Melczer, Executrix, 23 B. T. A. 124 (petition to review dismissed, 63 Fed. (2d) 1010). Nor does she seem to question the soundness of the rule that the entire amount in a joint account of a decedent and his wife,is includible in his gross estate in the absence of evidence…
2Cases cited23 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Helvering v. TaylorSupreme Court of the United States · 1935
- Burnet v. HoustonSupreme Court of the United States · 1931
- Wickwire v. ReineckeSupreme Court of the United States · 1927
- United States v. JacobsSupreme Court of the United States · 1939
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sullivan v. CommissionerUnited States Tax Court · 1948
- Estate of Green v. CommissionerUnited States Tax Court · 1975
- Haneke v. United StatesDistrict Court, D. Maryland · 1975
- Awe v. CommissionerUnited States Tax Court · 1948
- Estate of Burns v. Comm'rUnited States Tax Court · 1947
4 more not listed; retrieve them via the Exa API.