Mercantile-Commerce Nat'l Bank v. Commissioner
United States Board of Tax Appeals
1. ESTATE TAX - GROSS ESTATE. - The value of Missouri real estate owned by decedent and his wife as tenants by the entirety must be included in the gross estate, Mary S. Garrison et al.,21 B.T.A. 904, even though the estates were created prior to September 8, 1916, Commerce Union Trust Co. et al.,21 B.T.A. 174. 2. Id. - The widow did not claim or receive the widow's child's share of decedent's personalty to which she may have been entitled under section 319, R.S.
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1. ESTATE TAX - GROSS ESTATE. - The value of Missouri real estate owned by decedent and his wife as tenants by the entirety must be included in the gross estate, Mary S. Garrison et al.,21 B.T.A. 904, even though the estates were created prior to September 8, 1916, Commerce Union Trust Co. et al.,21 B.T.A. 174. 2. Id. - The widow did not claim or receive the widow's child's share of decedent's personalty to which she may have been entitled under section 319, R.S. Mo., 1919, but instead accepted the terms of the will. Held, that respondent did not err in including in the gross estate the value…
1Opinion of the Court
*1348OPINION.
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The petitioners contend that the value of the Missouri real estate which the decedent and his wife owned as tenants by the entireties, may not be included as a part of decedent’s gross estate for Federal estate tax purposes for two reasons, namely, (1) that under the laws of Missouri, real estate is not subject to the payment of administration expenses, and thus does not meet the requirements set forth in section 302 (a) of the Revenue Act of 1924; and (2) that the estates by the entireties were created prior to September 8, 1916, and thus should not be included, pursuant…
2Cited by2 opinions
- Mercantile-Commerce Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1931
- Renard v. CommissionerUnited States Board of Tax Appeals · 1931