Estate of Papson v. Commissioner
United States Tax Court
In connection with a Rule 155 proceeding, petitioner moved to have the Court consider a question relating to the eligibility of certain U.S. Treasury bonds (flower bonds) for use in payment of Federal estate taxes, because of the alleged comatose state of decedent at the time said bonds were purchased. Disposition of such question would involve the issue of the valuation of said bonds as of the date of death. Such issue was not raised by the pleadings or at trial.
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In connection with a Rule 155 proceeding, petitioner moved to have the Court consider a question relating to the eligibility of certain U.S. Treasury bonds (flower bonds) for use in payment of Federal estate taxes, because of the alleged comatose state of decedent at the time said bonds were purchased. Disposition of such question would involve the issue of the valuation of said bonds as of the date of death. Such issue was not raised by the pleadings or at trial. Held, petitioner's motion is denied without prejudice because a Rule 155 proceeding may not be used to raise a new issue. Held,…
1Opinion of the Court
OPINION
Tannenwald, Judge:
Petitioner seeks by motion to have this Court consider, as part of the Rule 155 proceeding to implement our previously published opinion (73 T.C. 290 (1979)), an issue relating to the eligibility of certain U.S. Treasury bonds (flower bonds) for use in payment of Federal estate taxes; the issue arises because of the alleged comatose state of decedent at the time said bonds were purchased. For the reasons hereinafter stated, we conclude that petitioner’s motion should be denied without prejudice and that we should accept a suggestion of respondent which should enable…
2Cases cited11 opinions
- Bankers Pocahontas Coal Co. v. BurnetSupreme Court of the United States · 1932
- Estate of Watson v. BlumenthalCourt of Appeals for the Second Circuit · 1978
- Haft Trust v. CommissionerUnited States Tax Court · 1974
- Robin Haft Trust v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1975
- Bankers Trust Company, as of the Will of Harriet Delta Ellis, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1960
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cloes v. CommissionerUnited States Tax Court · 1982
- Molasky v. CommissionerUnited States Tax Court · 1988
- Estate of Papson v. CommissionerUnited States Tax Court · 1983
- Harwood v. CommissionerUnited States Tax Court · 1984
- Vest v. CommissionerUnited States Tax Court · 1995
11 more not listed; retrieve them via the Exa API.