Legal Opinion

Faulkner v. Commissioner

United States Board of Tax Appeals

Decided April 18, 1940No. Docket No. 92815PublishedCited by 6 opinions

1. A gift in trust to an unborn child is a valid gift of a present as distinguished from a future interest in respect of which the donor is entitled to the statutory exclusion of $5,000. 2. Petitioner and others transferred in trust by a single trust conveyance their interests in certain life insurance policies on the life of petitioner's father for the benefit of petitioner's two brothers and a sister.

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1. A gift in trust to an unborn child is a valid gift of a present as distinguished from a future interest in respect of which the donor is entitled to the statutory exclusion of $5,000. 2. Petitioner and others transferred in trust by a single trust conveyance their interests in certain life insurance policies on the life of petitioner's father for the benefit of petitioner's two brothers and a sister. Held, that in respect of the gifts of her interest in the policies petitioner is entitled to three exclusions of $5,000 each. 3. A contribution to the Birth Control League of Massachusetts is…

1Opinion of the Court

OPINION.

Smith :

This proceeding is for the redetermination of a deficiency of $2,262.56 in petitioner’s gift tax for the year 1935. Petitioner alleges that the respondent erred in determining her net taxable gifts for 1935 in not allowing an exclusion of $5,000 for each of four gifts in *876trust, one for the benefit of each of her three living children and the fourth for the benefit of an unborn child, and in not allowing the deduction of three $5,000 exclusions respecting a conveyance in trust by the petitioner of certain insurance policies on the life of her father for the benefit of two of her…

2Cases cited4 opinions

  1. People v. . PowersNew York Court of Appeals · 1895
  2. Marsellis v. ThalhimerNew York Court of Chancery · 1830
  3. Cooper v. HeathertonAppellate Division of the Supreme Court of the State of New York · 1901
  4. Folk v. HughesSupreme Court of South Carolina · 1915

3Cited by6 opinions

  1. Cassman v. United StatesUnited States Court of Federal Claims · 1994
  2. Carson v. CommissionerUnited States Tax Court · 1978
  3. Carson v. CommissionerUnited States Tax Court · 1978
  4. Faulkner v. CommissionerUnited States Board of Tax Appeals · 1940
  5. Faulkner v. CommissionerUnited States Board of Tax Appeals · 1940

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