Mississippi Valley Trust Co. v. Commissioner of Internal Revenue

JOHNSEN, Circuit Judge.

Is a donee liable (to the extent of the value of the gift) for a deficiency in the gift taxes of his donor, where the donor is solvent but no steps to determine a deficiency against him have ever been taken, and the right to make a deficiency assessment against him has become barred by the statute of limitations?

Moore v. Commissioner, 2 Cir., 146 F.2d 824, Baur v. Commissioner, 3 Cir., 145 F.2d 338, and Winton v. Reynolds, D.C. Minn., 57 F.Supp. 565, all answer the question in the affirmative, as does the decision of the Tax Court in the present case, which is here for…