Legal Opinion

MacDonald v. United States

District Court, D. Massachusetts

Decided March 27, 1956No. Civ. A. 54-66PublishedCited by 6 opinions

1Opinion of the Court

ALDRICH, District Judge.

This is an action to recover a gift tax. The tax was assessed and paid on account of a gift in 1946 by a United States citizen, to his three children, of land situated in the Dominion of Canada. A stipulation of facts has been filed, on which defendant moves for summary judgment. Two questions are presented, — did Congress intend to tax such gifts of foreign land, and did it have the power to?

The statute provides as follows.

Internal Revenue Code of 1939: Sec. 1000. Imposition of Tax.

“(a) For the calendar year 1940 and each calendar year thereafter a tax, computed as…

2Cases cited7 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Merrill v. FahsSupreme Court of the United States · 1945
  3. Bromley v. McCaughnSupreme Court of the United States · 1929
  4. United States v. Leslie Salt Co.Supreme Court of the United States · 1956
  5. Commissioner of Internal Revenue v. BristolCourt of Appeals for the First Circuit · 1941

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

3Cited by6 opinions

  1. New York v. 11 Cornwell Co.Court of Appeals for the Second Circuit · 1983
  2. People of State of New York v. 11 Cornwell CompanyCourt of Appeals for the Second Circuit · 1983
  3. Estate of Satz v. CommissionerUnited States Tax Court · 1982
  4. Estate of Satz v. CommissionerUnited States Tax Court · 1982
  5. Glen v. CommissionerUnited States Tax Court · 1966

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

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