Legal Opinion

Howard v. Commissioner

United States Tax Court

Decided December 30, 1947No. Docket No. 10287PublishedCited by 18 opinions

1. Decedent died testate in 1941 at the age of 76. On November 29, 1935, he made a gift of certain shares of stock to his wife. On or about December 28, 1939, a lot was purchased in West Palm Beach, Florida, title to which was taken in the name of the wife, and a residence was constructed thereon with funds in a joint bank account.

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1. Decedent died testate in 1941 at the age of 76. On November 29, 1935, he made a gift of certain shares of stock to his wife. On or about December 28, 1939, a lot was purchased in West Palm Beach, Florida, title to which was taken in the name of the wife, and a residence was constructed thereon with funds in a joint bank account. Respondent determined that this was tantamount to a purchase of the property by the decedent and a transfer of it to the wife in contemplation of death. Decedent was in good health at the time these transactions took place. Held, the above gifts were not made in…

1Opinion of the Court

OPINION.

Black, Judge:

The pleadings present the following issues for our decision:(1) Was the transfer to Josephine M. Howard of 100 shares of Coca-Cola International stock of a value of $56,000 and a West Palm Beach residence of a value of $12,500 made in contemplation of death?(2) Was the entire amount of the 26 United States savings bonds, valued at $20,590 and the $7,851.52, the amount on deposit in the Columbus Bank & Trust Co., and the $959.48 on deposit in the Florida Bank & Trust Co., all of the foregoing property being jointly owned by decedent and Josephine M. Howard, properly…

2Cases cited7 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Burnet v. GuggenheimSupreme Court of the United States · 1933
  3. Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
  4. United States v. JacobsSupreme Court of the United States · 1939
  5. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Estate of Goldsborough v. CommissionerUnited States Tax Court · 1978
  2. Harvey v. United StatesCourt of Appeals for the Seventh Circuit · 1950
  3. Agnes J. Tuck, as of the Estate of George A. Tuck, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1960
  4. Swartz v. United StatesDistrict Court, D. Massachusetts · 1960
  5. Drazen v. CommissionerUnited States Tax Court · 1967

13 more not listed; retrieve them via the Exa API.

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