Legal Opinion

Brown v. Commissioner

United States Tax Court

Decided April 8, 1969No. Docket No. 6578-66PublishedCited by 16 opinions

Petitioner and Maude C. Brown, his wife, executed a joint will which contained reciprocal provisions. Upon Maude's death, the instrument, probated as her separate will, conveyed a life estate in her share of the community property to petitioner and the remainder therein to their sons.

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Petitioner and Maude C. Brown, his wife, executed a joint will which contained reciprocal provisions. Upon Maude's death, the instrument, probated as her separate will, conveyed a life estate in her share of the community property to petitioner and the remainder therein to their sons. Held: (1) That Maude's will did not put petitioner to an election which resulted in a transfer of the remainder interest in his community property at her death; (2) that petitioner did not intend the instrument by its terms to effect a present transfer of any interest in his share of the community property at…

1Opinion of the Court

OPINION

The principal issue herein is whether petitioner made a taxable gift of the remainder interest in his share of the community property upon Maude’s death. Resolution of this issue depends upon whether petitioner made a transfer of such remainder interest within the provisions of sections 2501 (a) 1 and 2511 (a) ,21.R.C. 1954.

The fundamental prerequisite for the application of section 2501 (a) is that there must be a completed, irrevocable transfer of property by gift. Estate of Sanford v. Commissioner, 308 U.S. 39 (1939). Respondent contends that there was a transfer of the remainder…

2Cases cited43 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Burnet v. GuggenheimSupreme Court of the United States · 1933
  3. Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
  4. Nye v. BradfordTexas Supreme Court · 1946
  5. Schmitz v. CommissionerUnited States Tax Court · 1968

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

3Cited by16 opinions

  1. Estate of Mandels v. CommissionerUnited States Tax Court · 1975
  2. Estate of Craft v. CommissionerUnited States Tax Court · 1977
  3. Mitchell v. CommissionerUnited States Tax Court · 1976
  4. Hambleton v. CommissionerUnited States Tax Court · 1973
  5. Estate of O'Brien v. CommissionerUnited States Tax Court · 1971

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

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