Legal Opinion

Estate of Maxcy v. Commissioner

Court of Appeals for the Fifth Circuit

Decided April 13, 1971No. 29885PublishedCited by 2 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

At issue in this case is the ownership, for estate tax purposes, of 79 shares of stock in Maxcy Securities, Inc., a closely-held corporation once controlled by Gregg Maxcy, (hereinafter, the decedent). The sole question for our determination is whether Gregg Maxcy executed a valid gift of the 79 shares to his wife. We think that he did and reverse the Tax Court’s determination to the contrary.

The Commissioner concluded that these shares should have been included in the decedent’s estate and assessed a deficiency.1 Appellants petitioned the Tax Court for a redetermination…

2Cases cited24 opinions

  1. Howard v. LyonsSupreme Court of the United States · 1959
  2. Moon v. MarylandSupreme Court of the United States · 1970
  3. Strauss v. StraussSupreme Court of Florida · 1941
  4. Coffey v. CommissionerUnited States Tax Court · 1943
  5. Marshall v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1932

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3Cited by2 opinions

  1. Estate of Gregg Maxcy, Jessie L. Maxcy and Reverend George C. Stulting, Co-Administrators, Petitioners-Appellants-Cross v. Commissioner of Internal Revenue, Respondent-Appellee-Cross Estate of Hugh G. Maxcy, Jessie L. Maxcy and Reverend George C. Stulting,co-Executors, Petitioners-Appellants-Cross v. Commissioner of Internal Revenue, Respondent-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1971
  2. Willie v. CommissionerUnited States Tax Court · 1991

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