Estate of Lowe v. Commissioner
United States Tax Court
During the last 8 years of his life, decedent suffered from heart disease which caused his death in December 1969. During this period, he had a concern over the devolution of his estate not evidenced prior to the diagnosis of his heart condition. In January 1967, he transferred stock to an inter vivos trust the value of which was much greater than any of his many previous gifts.
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During the last 8 years of his life, decedent suffered from heart disease which caused his death in December 1969. During this period, he had a concern over the devolution of his estate not evidenced prior to the diagnosis of his heart condition. In January 1967, he transferred stock to an inter vivos trust the value of which was much greater than any of his many previous gifts. A subsequently executed codicil integrated the transfer in trust into a single testamentary plan under a prior will. Held, the subject transfer was a transfer in contemplation of death within the meaning of sec. 2035…
1Opinion of the Court
Forrester, Judge:
Respondent has determined a deficiency in estate tax in the amount of $2,077,686. Concessions having been made, the sole issue remaining for our decision is whether a certain transfer in trust made by decedent James R. Lowe within 3 years of his death is includable in the decedent’s gross estate as a transfer in contemplation of death within the meaning of section 2035.1
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
James R. Lowe (Lowe or decedent) died testate on December 19, 1969, at the age of 65. At the time of his death, Lowe was a resident of…
2Cases cited10 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
- Cleveland Trust Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1970
- Estate of Johnson v. CommissionerUnited States Tax Court · 1948
- Estate of Ford v. CommissionerUnited States Tax Court · 1969
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
- Estate of Lidbury v. CommissionerUnited States Tax Court · 1985
- Estate of Carlstrom v. CommissionerUnited States Tax Court · 1981
- Estate of Apple v. CommissionerUnited States Tax Court · 1983
- Estate of Carlstrom v. CommissionerUnited States Tax Court · 1981
9 more not listed; retrieve them via the Exa API.