Estate of Davis v. Commissioner
United States Tax Court
Decedent, prior to his death, gave his son $ 109,000 in cash in an one-half of the trust corpus, $ 54,500, is includable in decedent's gross was community property. Under the terms of the trust any remaining amount at the widow's death was subject to her power of appointment. No part of the $ 109,000 was included in the gross estate. Held, one-half of the trust corpus, $ 54,500, is includable in decedent's gross estate. Sec. 2280, Cal. Civ. Code (1931), construed.
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Decedent, prior to his death, gave his son $ 109,000 in cash in an one-half of the trust corpus, $ 54,500, is includable in decedent's gross was community property. Under the terms of the trust any remaining amount at the widow's death was subject to her power of appointment. No part of the $ 109,000 was included in the gross estate. Held, one-half of the trust corpus, $ 54,500, is includable in decedent's gross estate. Sec. 2280, Cal. Civ. Code (1931), construed. Held, further, one-half of certain expenses of administration of decedent's estate, which were deducted in full in its return,…
1Opinion of the Court
Withbt, Judge:
Respondent lias determined a deficiency in estate tax of petitioner in the amount of $17,785.36. Two questions are presented for our determination. First, whether decedent’s community property share of the currency transferred 'by him to his son in 1961 is includable in his gross estate under either section 2037 or 2038 of the Internal Revenue Code of 1954;1 and second, whether one-half of certain expenses claimed on decedent’s estate tax return should be disallowed on the ground that 50 percent of those expenses represent the community obligations of the surviving spouse rather…
2Cases cited7 opinions
- Will Flitcroft and Agnes D. Flitcroft v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1964
- Lois J. Newman (Formerly Lois J. Senderman) v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- Flitcroft v. CommissionerUnited States Tax Court · 1962
- Newman v. CommissionerUnited States Tax Court · 1953
- Fleishman v. BlechmanCalifornia Court of Appeal · 1957
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estate of Jalkut v. CommissionerUnited States Tax Court · 1991
- Estate of Rowan v. CommissionerUnited States Tax Court · 1970
- Estate of Siegel v. CommissionerUnited States Tax Court · 1980
- Estate of Casey v. CommissionerUnited States Tax Court · 1971
- Estate of Casey v. CommissionerUnited States Tax Court · 1971
5 more not listed; retrieve them via the Exa API.