Legal Opinion

Estate of Bailey v. Commissioner

United States Tax Court

Decided September 9, 1982No. Docket No. 4861-80Published

In 1943, Joseph Bailey, Jr., died intestate leaving community property to which his and his widow's minor son, Joseph III, became entitled. His widow, who died in 1976 and whose estate is the petitioner in the instant case, took control of the entire community estate as unqualified community survivor and paid the community's debts.

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In 1943, Joseph Bailey, Jr., died intestate leaving community property to which his and his widow's minor son, Joseph III, became entitled. His widow, who died in 1976 and whose estate is the petitioner in the instant case, took control of the entire community estate as unqualified community survivor and paid the community's debts. She did not formally account to Joseph III for his share of his father's estate, but between 1951 and 1961 transferred to him cash and property with a value over 12 times the 1943 value of Joseph III's share of his father's estate. Held, on the facts, decedent's…

1Opinion of the Court

Estate of Roberta L. Bailey, Deceased, Joseph W. Bailey III, Independent Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Bailey v. Commissioner

Docket No. 4861-80

United States Tax Court

79 T.C. 441; 1982 U.S. Tax Ct. LEXIS 43; 79 T.C. No. 28;

September 9, 1982, Filed

Decision will be entered under Rule 155.

In 1943, Joseph Bailey, Jr., died intestate leaving community property to which his and his widow's minor son, Joseph III, became entitled. His widow, who died in 1976 and whose estate is the petitioner in the instant case, took control of the entire community…

2Cases cited28 opinions

  1. Healy v. CommissionerSupreme Court of the United States · 1953
  2. Archer v. GriffithTexas Supreme Court · 1964
  3. Slay v. Burnett TrustTexas Supreme Court · 1945
  4. Omohundro v. MatthewsTexas Supreme Court · 1960
  5. Meadows v. BierschwaleTexas Supreme Court · 1974

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