Turman v. Commissioner
United States Tax Court
By his will the petitioner's husband bequeathed in trust all of his residuary estate. By the terms of the will the petitioner could elect to have her one-half interest in the community property of herself and her husband, with immaterial exceptions, included in trust.
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By his will the petitioner's husband bequeathed in trust all of his residuary estate. By the terms of the will the petitioner could elect to have her one-half interest in the community property of herself and her husband, with immaterial exceptions, included in trust. The will provided that the trustee should set up out of the property two trusts of equal value and if petitioner elected to have her one-half interest in the community property included in trust, the trustee should distribute to her in equal shares from the trusts at monthly intervals so much of the net income or principal of…
1Opinion of the Court
OPINION.
Withex, Judge:
The Commissioner has determined a deficiency in the petitioner’s gift tax for the year 1955 in the amount of $11,239.14.
The only issue presented for determination is the correctness of the respondent’s action in determining that the petitioner made a taxable gift of $71,231.09 during 1955.
All of the facts have been stipulated and are so found.
The petitioner resides in Fort Worth, Texas, and filed her gift tax return for the calendar year 1955 with the district director of internal revenue in Dallas, Texas. She is the widow of Luther C. Turman, who died testate on…
2Cases cited3 opinions
- Commissioner of Internal Revenue v. Mildred Irene SiegelCourt of Appeals for the Ninth Circuit · 1957
- Chase Nat'l Bank v. CommissionerUnited States Tax Court · 1955
- Siegel v. CommissionerUnited States Tax Court · 1956
3Cited by19 opinions
- Gregory v. CommissionerUnited States Tax Court · 1963
- Estate of Lela Barry Vardell, Deceased, First National Bank in Dallas v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1962
- Estate of Sparling v. CommissionerUnited States Tax Court · 1973
- Bomash v. CommissionerUnited States Tax Court · 1968
- United States v. Martin Wright GordonCourt of Appeals for the Fifth Circuit · 1969
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