Norair v. Commissioner
United States Tax Court
On her 1960 and 1961 gift tax returns petitioner reported one-half of the gifts made by her husband in those years, claiming a portion of her specific exemption as an offset against said gifts. Her husband died in 1961 and the entire amount of these gifts was included in his gross estate.
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On her 1960 and 1961 gift tax returns petitioner reported one-half of the gifts made by her husband in those years, claiming a portion of her specific exemption as an offset against said gifts. Her husband died in 1961 and the entire amount of these gifts was included in his gross estate. In 1970 petitioner made gifts of $ 77,111.58 and on her Federal gift tax return claimed a specific exemption of $ 30,000. Held, petitioner, by executing a consent under sec. 2513, is considered to be the donor of one-half of the gifts made by her husband for purposes of the gift tax provisions. Held,…
1Opinion of the Court
OPINION
Sterrett, Judge:
Respondent determined a deficiency in petitioner’s gift tax liability for the calendar year 1970 in the amount of $1,691.05.
The sole issue for our determination is whether petitioner is entitled to the restoration of the portion of her specific gift tax exemption, which she claimed and was allowed when she reported one-half of her late husband’s gifts as having been made by her, by reason of the inclusion of said gifts in his estate as gifts in contemplation of death.
The case was submitted under Rule 122, Tax Court Rules of Practice and Procedure. Hence, all of the…
2Cases cited4 opinions
- Goldstone v. CommissionerUnited States Tax Court · 1975
- Rachel H. Ingalls v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1964
- Ingalls v. CommissionerUnited States Tax Court · 1963
- English v. United StatesDistrict Court, N.D. Florida · 1968
3Cited by3 opinions
- Estate of Gawne v. CommissionerUnited States Tax Court · 1983
- Estate of Gawne v. CommissionerUnited States Tax Court · 1983
- Norair v. CommissionerUnited States Tax Court · 1976