Duke v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
“Findings of Fact “The facts are stipulated and they are so found. . “On March 11, 1948, petitioner filed a gift tax return for the calendar year 1947 with the collector of internal revenue for the second district of New York.
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“Findings of Fact “The facts are stipulated and they are so found. . “On March 11, 1948, petitioner filed a gift tax return for the calendar year 1947 with the collector of internal revenue for the second district of New York. “During the year 1947 petitioner, in arm’s length transactions, made two purchases from a retail jeweler of certain jewelry, which he presented to his wife in that year as gifts. ’ “The first purchase of jewelry was made on or about September 4, 1947. The retail price was $71,875 and the amount of the federal retailer’s excise tax paid was $13,-375, or a total of…
1Opinion of the Court
FRANK, -Circuit Judge.
The Commissioner determined that the value on the dates of the gifts aggregated $104,400. The taxpayer, who had the burden of proving the error of this figure, failed to discharge it. The sole evidence consisted of the cost to the taxpayer of obtaining the jewelry, in both instances a short time before the gift. He did not show, by introducing an expert’s testimony or otherwise, that the amounts he paid for the jewelry exceeded the jewelry’s worth. Absent any proof except what it cost the taxpayer, the Commissioner reasonably measured the value by that cost. The taxpayer…
2Cases cited1 opinion
- Gould v. CommissionerUnited States Tax Court · 1950
3Cited by7 opinions
- Joe Goldstein and Lillian Goldstein v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- Publicker v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
- Bertha O. Howell v. United StatesCourt of Appeals for the Seventh Circuit · 1969
- Douglas B. Cartwright, as of the Estate of Ethel B. Bennett v. United StatesCourt of Appeals for the Second Circuit · 1972
- Publicker v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
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