Legal Opinion

Poinier v. Commissioner

United States Tax Court

Decided March 27, 1986No. Docket Nos. 23881-81, 23882-81, 23883-81Published

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.

Read the full summary

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

  1. Commissioner v. SternSupreme Court of the United States · 1958
  2. Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
  3. Mysse v. CommissionerUnited States Tax Court · 1972
  4. Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
  5. Jewett v. CommissionerSupreme Court of the United States · 1982

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API