Estate of Himmelstein v. Commissioner
United States Tax Court
Guardians of an incompetent decedent petitioned a New Jersey court requesting that the court approve a plan to gratuitously transfer a portion of the decedent's assets. The court approved the transfers, all of which were effected within 3 years of the decedent's death.
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Guardians of an incompetent decedent petitioned a New Jersey court requesting that the court approve a plan to gratuitously transfer a portion of the decedent's assets. The court approved the transfers, all of which were effected within 3 years of the decedent's death. Held, the transfers and the factors which the New Jersey court considered in approving the transfers are imputed to the decedent for purposes of sec. 2035. City Bank Farmers Trust Co v. McGowan, 323 U.S. 594 (1945). Held, further, the transfers were made in contemplation of death under sec. 2035.
1Opinion of the Court
OPINION
Nims, Judge:
Respondent determined a deficiency in petitioners’ estate taxes in the amount of $94,796.44.
Concessions having been made, the remaining issue for decision is whether assets owned by an incompetent which, pursuant to a State court order, were transferred within 3 years of her death are includable in her gross estate as transfers made in contemplation of death.
All of the facts have been stipulated. The stipulation, together with the exhibits attached thereto, are incorporated herein by this reference.
At the time of the filing of their petition, Shirleyann Haveson and Mary H.…
2Cases cited10 opinions
- United States v. WellsSupreme Court of the United States · 1931
- City Bank Farmers Trust Co. v. McGowanSupreme Court of the United States · 1945
- Estate of Johnson v. CommissionerUnited States Tax Court · 1948
- Estate of Ford v. CommissionerUnited States Tax Court · 1969
- Christiansen v. ChristiansenCalifornia Court of Appeal · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ruben W. Mangels, Administrator of the Estate of Luella R. Mangels, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1987
- Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
- Estate of Brownell v. CommissionerUnited States Tax Court · 1982
- Estate of Hutchinson v. CommissionerUnited States Tax Court · 1984
- Estate of Schwab v. CommissionerUnited States Tax Court · 1981
7 more not listed; retrieve them via the Exa API.