Legal Opinion

American Sec. & Trust Co. v. Commissioner

United States Board of Tax Appeals

Decided October 16, 1931No. Docket No. 39167Published

1. Where a joint bank deposit is held by decedent and wife and no evidence is offered of the amount contributed by the surviving spouse, held the whole amount of the deposit is includable in gross estate. 2. Where the evidence of an absolute gift of an automobile by the surviving spouse to decedent is uncontradicted, held value of gift is includable in gross estate. 3. The conclusive presumption provision of section 302(c) of the Revenue Act of 1926 held unconstitutional on…

Read the full summary

1. Where a joint bank deposit is held by decedent and wife and no evidence is offered of the amount contributed by the surviving spouse, held the whole amount of the deposit is includable in gross estate. 2. Where the evidence of an absolute gift of an automobile by the surviving spouse to decedent is uncontradicted, held value of gift is includable in gross estate. 3. The conclusive presumption provision of section 302(c) of the Revenue Act of 1926 held unconstitutional on the authority of Schlesinger v. Wisconsin,270 U.S. 230, and of Donnan v. Heiner, 48 Fed.(2d) 1058, and Hall v. White, 48…

1Opinion of the Court

AMERICAN SECURITY & TRUST COMPANY AND MARY H. LINCOLN, EXECUTORS, ESTATE OF ROBERT TODD LINCOLN, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

American Sec. & Trust Co. v. Commissioner

Docket No. 39167.

United States Board of Tax Appeals

24 B.T.A. 334; 1931 BTA LEXIS 1654;

October 16, 1931, Promulgated

1. Where a joint bank deposit is held by decedent and wife and no evidence is offered of the amount contributed by the surviving spouse, held the whole amount of the deposit is includable in gross estate.

2. Where the evidence of an absolute gift of an automobile by the surviving…

2Cases cited30 opinions

  1. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  2. Knowlton v. MooreSupreme Court of the United States · 1900
  3. United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
  4. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  5. Nichols v. CoolidgeSupreme Court of the United States · 1927

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API