Poinier v. Commissioner
United States Tax Court
Decedent held a remainder interest in a testamentary trust created in 1937 by the will of her father. On Apr. 19, 1970, only 5 days after the death of the life tenant, decedent executed a disclaimer of her remainder interest.
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Decedent held a remainder interest in a testamentary trust created in 1937 by the will of her father. On Apr. 19, 1970, only 5 days after the death of the life tenant, decedent executed a disclaimer of her remainder interest. Held, the disclaimer was not made within a reasonable time as required by sec. 25.2511-1(c), Gift Tax Regs., and thus constituted a taxable transfer under sec. 2511, I.R.C., 1954. Jewett v. Commissioner, 455 U.S. 305 (1982). Held, further, decedent's children are liable as donee-transferees under sec. 6324(b), I.R.C. 1954, for the deficiency in gift tax due from…
1Opinion of the Court
Lois W. Poinier, as Transferee of Helen Wodell Halbach, et. al., 1 Petitioner v. Commissioner of Internal Revenue, Respondent
Poinier v. Commissioner
Docket Nos. 23881-81, 23882-81, 23883-81
United States Tax Court
86 T.C. 478; 1986 U.S. Tax Ct. LEXIS 133; 86 T.C. No. 32;
March 27, 1986, Filed
Decisions will be entered under Rule 155.
Decedent held a remainder interest in a testamentary trust created in 1937 by the will of her father. On Apr. 19, 1970, only 5 days after the death of the life tenant, decedent executed a disclaimer of her remainder interest. Held, the disclaimer was not made within a…
2Cases cited30 opinions
- Commissioner v. SternSupreme Court of the United States · 1958
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Mysse v. CommissionerUnited States Tax Court · 1972
- Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
- Jewett v. CommissionerSupreme Court of the United States · 1982
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