Farrell v. Commissioner
United States Tax Court
Indebtedness originally incurred by decedent's son and evidenced by note upon which decedent eventually became maker, held, on the facts, to have continued to be son's indebtedness and, decedent being in the position of surety, held, further, not a deductible claim against petitioner estate, the son having acquired sufficient means by inheritance from another estate at decedent's death. Estate of Charles H. Lay, 40 B. T. A. 522, followed.
1Opinion of the Court
OPINION.
Opper, Judge:
The issue of fact which according to petitioners is dispositive of the primary question has been covered by our findings of fact. We can not conclude from the evidence that petitioners have borne their burden of showing that, by the change in the form of the notes or any other definitive action, decedent intended to or did relieve her son from his liability for the indebtedness which they represent. We are unable to find that kind of primary evidence of a gift — a direct transaction between donor and donee — which is necessary, see Blanche S. Ross, 28 B. T. A. 39, and…
2Cases cited4 opinions
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Coffey v. CommissionerUnited States Tax Court · 1943
- Harper v. CommissionerUnited States Tax Court · 1948
- Estate of Hamlin ex rel. Lincoln Rochester Trust Co. v. CommissionerUnited States Tax Court · 1947
3Cited by1 opinion
- Farrell v. CommissionerUnited States Tax Court · 1949