Legal Opinion

McNichol v. Commissioner

United States Tax Court

Decided March 28, 1958No. Docket No. 60127Published

The decedent executed general warranty deeds conveying certain income-producing real properties to his children but thereafter continued to receive and treat as his own all of the rents from said real properties until his death. Held, on the facts, the decedent retained for his life the possession or enjoyment of the income from the properties so that their value is properly included in his gross estate under section 811 (c) (1) (B), I. R. C. 1939.

1Opinion of the Court

Estate of Daniel McNichol, Deceased, Ellen McN. Evangelista and Joseph G. McNichol, Executors, Petitioner, v. Commissioner of Internal Revenue, Respondent

McNichol v. Commissioner

Docket No. 60127

United States Tax Court

29 T.C. 1179; 1958 U.S. Tax Ct. LEXIS 227;

March 28, 1958, Filed

Decision will be entered under Rule 50.

The decedent executed general warranty deeds conveying certain income-producing real properties to his children but thereafter continued to receive and treat as his own all of the rents from said real properties until his death. Held, on the facts, the decedent retained for his…

2Cases cited5 opinions

  1. McNichol v. CommissionerUnited States Tax Court · 1958
  2. Fry v. CommissionerUnited States Tax Court · 1947
  3. Schwartz v. CommissionerUnited States Tax Court · 1947
  4. Estate of Shearer v. CommissionerUnited States Tax Court · 1951
  5. Greene v. United StatesCourt of Appeals for the Seventh Circuit · 1956

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