Legal Opinion

Estate of McGauley v. Commissioner

United States Tax Court

Decided December 12, 1973No. Docket No. 5705-71Published

Pursuant to settlement of a will contest, the estate transferred property to certain heirs who challenged the will. Held, such property is not includable in the property transferred to the beneficiary under the will for purposes of the credit under sec. 2013, I.R.C. 1954; held, further, property transferred by the beneficiary to another heir who did not challenge the will was a gift not excludable from the property transferred by the estate for purposes of the credit under…

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Pursuant to settlement of a will contest, the estate transferred property to certain heirs who challenged the will. Held, such property is not includable in the property transferred to the beneficiary under the will for purposes of the credit under sec. 2013, I.R.C. 1954; held, further, property transferred by the beneficiary to another heir who did not challenge the will was a gift not excludable from the property transferred by the estate for purposes of the credit under sec. 2013.

1Opinion of the Court

Estate of Lorraine A. McGauley, Deceased, Frederick F. McGauley, Temporary Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of McGauley v. Commissioner

Docket No. 5705-71

United States Tax Court

61 T.C. 350; 1973 U.S. Tax Ct. LEXIS 7; 61 T.C. No. 39;

December 12, 1973, Filed

Decision will be entered under Rule 50.

Pursuant to settlement of a will contest, the estate transferred property to certain heirs who challenged the will. Held, such property is not includable in the property transferred to the beneficiary under the will for purposes of the credit under sec. 2013,…

2Cases cited7 opinions

  1. Lyeth v. HoeySupreme Court of the United States · 1938
  2. Barrett v. CommissionerUnited States Tax Court · 1954
  3. Dutcher v. CommissionerUnited States Tax Court · 1960
  4. Thompson's Estate v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1941
  5. United States Trust Company of New York, Estate of Ralph Slocum Davenport, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1963

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