Vease v. Commissioner
United States Tax Court
James H. Walker, decedent's father, died testate in 1919 possessed of a large estate in Canada and the United States. Shortly before his sudden death, a draft of a new will was completed by his attorney under his direction, which Walker was unable to execute. Promptly after his death, his attorney informed his widow, two daughters, and three sons about, but did not reveal the provisions of, an existing will and an unexecuted draft will.
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James H. Walker, decedent's father, died testate in 1919 possessed of a large estate in Canada and the United States. Shortly before his sudden death, a draft of a new will was completed by his attorney under his direction, which Walker was unable to execute. Promptly after his death, his attorney informed his widow, two daughters, and three sons about, but did not reveal the provisions of, an existing will and an unexecuted draft will. Before and without knowing what the provisions of both documents were, the widow and children signed a valid agreement agreeing to do all that was necessary…
1Opinion of the Court
OPINION.
Hakron, Judge:
The principal question is whether the decedent, Elizabeth Vease, made transfers of any property held in the Canadian or American trusts within the meaning of section 811(c) and (d).
It is the petitioner’s position that the rule of Lyeth v. Hoey, 305 U.S. 188, is controlling; that under this rule the interest of the decedent in the trusts was, for Federal estate tax purposes, acquired directly by inheritance from her father, James Harrington Walker; that she never became the owner of any of the property in the trusts and did not make any transfers to them, but on the…
2Cases cited14 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Foote v. FooteMichigan Supreme Court · 1886
- In Re Sage's EstateCourt of Appeals for the Third Circuit · 1941
- Metzner v. NewmanMichigan Supreme Court · 1923
- Milner v. CommissionerUnited States Tax Court · 1946
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3Cited by1 opinion
- Vease v. CommissionerUnited States Tax Court · 1961