Estate of Harrison P. Shedd, Deceased First National Bank of Arizona, Phoenix v. Commissioner of Internal Revenue

The entire long discussion of the question when the “nature” of a testamentary gift is fixed is by the mark. Everyone agrees that its “nature” is fixed by the testament itself at the time of the death of the testator. By the mark also is the discussion of Detroit Bank v. United States, 317 U.S. 329, 63 S.Ct. 297, 87 L.Ed. 304, holding that the time when tax liens on testamentary gifts attach is on the death of the testator. Nor can it be assumed that the Detroit Bank case, decided on January 4,1943, overrules sub silentio the case of Helvering v. Stuart, 317 U.S. 154, 63 S.Ct. 140, 87 L.Ed.…