Legal Opinion

Beals v. Fontenot

Court of Appeals for the Fifth Circuit

Decided May 15, 1940No. 9427PublishedCited by 30 opinions

1Opinion of the Court

HUTCHESON,' Circuit Judge.

The suit was for the refund of estate taxes paid on account of corporate stock. The claim was that though the stock was separate property of Beals, its increase in value, $35,460, was, due to the management and efforts of Beals, the property of the community, and only one-half of it was taxable to the estate of the deceased. The defense was that admittedly separate property when they were acquired, “separate property is that which either party brings into the marriage,” La. C. C. art. 2334, the character of the shares as separate was not at all affected by the…

2Cases cited6 opinions

  1. Kittredge v. GrauSupreme Court of Louisiana · 1925
  2. In re the Estate of BuchananWashington Supreme Court · 1916
  3. Tutorship of Minor Heirs & Succession of KiddSupreme Court of Louisiana · 1899
  4. Denégre v. DenégreSupreme Court of Louisiana · 1878
  5. Hellberg v. HylandSupreme Court of Louisiana · 1929

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

3Cited by30 opinions

  1. Warner Bros. Inc., J. Joseph Bainton, Esquire v. Dae Rim Trading, Inc., and Yun Yon ChoCourt of Appeals for the Second Circuit · 1989
  2. United States v. Albert Samuel Fortna, Jr., James Lyne Harnage, George M. Sharer, and Christopher James ReoCourt of Appeals for the Fifth Circuit · 1986
  3. Speer v. QuinlanIdaho Supreme Court · 1974
  4. Alvarado Colón v. Alemañy PlanellSupreme Court of Puerto Rico · 2002
  5. Sucesión de Santaella Saurí v. Secretario de HaciendaSupreme Court of Puerto Rico · 1968

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

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