McNichol v. Commissioner
United States Tax Court
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
Train, Judge:
The Commissioner determined a deficiency in estate tax of $21,688.43 and an addition to tax for delinquency of $2,814.20.
The primary issue is whether certain income-producing real estate is includible in the decedent’s gross estate under section 811 (c) (1) (B) of the Internal Revenue Code of 1939.
A second issue is whether petitioner is entitled to a credit under section 813 (b) of the 1939 Code against the Federal estate tax for inheritance taxes paid to the Commonwealth of Pennsylvania.
FINDINGS OF FACT.
Some of the facts are stipulated and are hereby found as stipulated.
Ellen…
2Cases cited4 opinions
- Fry v. CommissionerUnited States Tax Court · 1947
- Schwartz v. CommissionerUnited States Tax Court · 1947
- Greene v. United StatesCourt of Appeals for the Seventh Circuit · 1956
- Estate of Shearer v. CommissionerUnited States Tax Court · 1951
3Cited by62 opinions
- Estate of Daniel McNichol Deceased, Ellen McNichol Evangelista and Joseph G. McNichol Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- Gregory v. CommissionerUnited States Tax Court · 1963
- Estate of Linderme v. CommissionerUnited States Tax Court · 1969
- Gutchess v. CommissionerUnited States Tax Court · 1966
- Pardee v. CommissionerUnited States Tax Court · 1967
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