Legal Opinion
Estate of Sachs v. Commissioner
Court of Appeals for the Eighth Circuit
Decided September 15, 1988No. Nos. 87-2489, 87-2596PublishedCited by 13 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
This tax case involves two problems in the treatment of net gifts under the federal estate and gift tax laws. We hold, first, that a decedent’s executors may not deduct, as a claim against the estate under 26 U.S.C. § 2053(a)(3), an income-tax liability which was subsequently forgiven by Congress. Second, we hold that the decedent’s gross estate must, under 26 U.S.C. § 2035(c), include the amount of any gift tax paid by the donees of any net gift made within three years of the decedent’s death.
I
Samuel C. Sachs, the decedent, died on June 27, 1980. Less than three years…
2Cases cited12 opinions
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Minnesota Tea Co. v. HelveringSupreme Court of the United States · 1938
- Young Men's Christian Assn. of Columbus v. DavisSupreme Court of the United States · 1924
- United States v. Skelly Oil Co.Supreme Court of the United States · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Laverne Scherping Loren Scherping Jane Scherping Epsilon Company C.J.S. RanchCourt of Appeals for the Eighth Circuit · 1999
- Robert C. Chase and Ruth L. Chase v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1991
- Smith Ex Rel. Estate of Smith v. CommissionerCourt of Appeals for the Fifth Circuit · 1999
- Brown v. United StatesCourt of Appeals for the Ninth Circuit · 2003
- Brown v. United StatesCourt of Appeals for the Ninth Circuit · 2003
8 more not listed; retrieve them via the Exa API.