Bomash v. Commissioner
United States Tax Court
Decedent agreed by a statement at the end of her husband's will to permit her share of California community property in which she had an existing vested interest to pass under her husband's will into a trust from which she was to receive 50 percent of the income for her life with the other 50 percent of income during her life and the corpus after her death going to the children and grandchildren of decedent and her deceased husband.
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Decedent agreed by a statement at the end of her husband's will to permit her share of California community property in which she had an existing vested interest to pass under her husband's will into a trust from which she was to receive 50 percent of the income for her life with the other 50 percent of income during her life and the corpus after her death going to the children and grandchildren of decedent and her deceased husband. Decedent's husband died in 1942 and under the then applicable revenue laws the entire community property was included in his taxable estate. Held, decedent…
1Opinion of the Court
OPINION
'Scott, Judge:
Respondent determined a deficiency in the estate tax of the Estate of Fannie Bomash, deceased, in the amount of $17,074.59. The issue for decision is whether decedent transferred her community property interest which had passed into a trust established under the will of her predeceased husband under such circumstances as to cause the fair market value thereof at the date of her death to be included in whole or in part in her taxable estate under section 2036,1.R.C. 1954, and, if so, the amount, if any, of consideration which she received for the transfer within the…
2Cases cited18 opinions
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Gregory v. CommissionerUnited States Tax Court · 1963
- Commissioner of Internal Revenue v. Mildred Irene SiegelCourt of Appeals for the Ninth Circuit · 1957
- Estate of Lela Barry Vardell, Deceased, First National Bank in Dallas v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1962
- Hoffman v. CommissionerUnited States Tax Court · 1943
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
- Estate of Castleberry v. CommissionerUnited States Tax Court · 1977
- Estate of Wyly v. CommissionerUnited States Tax Court · 1977
- Estate of Du Pont v. CommissionerUnited States Tax Court · 1975
- Bomash v. CommissionerUnited States Tax Court · 1968
7 more not listed; retrieve them via the Exa API.