Estate of Newman v. Commissioner
United States Tax Court
Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These checks were neither accepted, nor paid, by the drawee bank until after D's death. Petitioner argues that these checks represent completed gifts of funds in D's checking account that are not includable in D's gross estate.
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Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These checks were neither accepted, nor paid, by the drawee bank until after D's death. Petitioner argues that these checks represent completed gifts of funds in D's checking account that are not includable in D's gross estate. HELD: D maintained dominion and control over the amounts in her checking account against which the checks were written until her death.…
1Opinion of the Court
ESTATE OF SARAH H. NEWMAN, DECEASED, MARK M. NEWMAN, CO-EXECUTOR AND MINNA N. NATHANSON, CO-EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Estate of Newman v. Commissioner
Tax Ct. Dkt. No. 17516-96
United States Tax Court
111 T.C. 81; 1998 U.S. Tax Ct. LEXIS 39; 111 T.C. No. 3;
July 28, 1998, Filed
Decision will be entered under Rule 155.
Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These…
2Cases cited13 opinions
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Spiegel v. CommissionerUnited States Tax Court · 1949
- Estate of Cristofani v. CommissionerUnited States Tax Court · 1991
- Estate of Belcher v. CommissionerUnited States Tax Court · 1984
- Estate of Dillingham v. CommissionerUnited States Tax Court · 1987
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