Joachim v. Commissioner
United States Tax Court
Funds representing nonresident alien decedent's remainder interest in a trust were, pursuant to a decree of the Surrogate's Court, paid to the Treasurer of the City of New York for her benefit. He deposited them in a bank in his name. Thereafter, but before decedent's death, the Alien Property Custodian issued a vesting order.
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Funds representing nonresident alien decedent's remainder interest in a trust were, pursuant to a decree of the Surrogate's Court, paid to the Treasurer of the City of New York for her benefit. He deposited them in a bank in his name. Thereafter, but before decedent's death, the Alien Property Custodian issued a vesting order. After her death in May 1943, the decree of the Surrogate's Court was amended to authorize withdrawal of funds by the Custodian who received them in March 1944. Held, disregarding for tax purposes the vesting of title to the deposited funds by the Custodian, as required…
1Opinion of the Court
OPINION.
Eaum, Judge:
The respondent determined a deficiency of $35,213.19 in estate tax of the estate of Lina Joachim, hereinafter referred to as the decedent. The issue is whether the amount of $168,361.80, which represented the sole asset in her estate, was exempt from tax under section 863(b) of the Internal Eevenue Code, as moneys deposited with a bank by “or for” the decedent. All of the facts have been stipulated and are hereby found accordingly.
The decedent died May -28, 1943, in a German concentration camp. At all times material herein she was a nonresident alien, and was not engaged…
Also in this document: Dissent.
2Cases cited6 opinions
- De Guebriant v. CommissionerUnited States Tax Court · 1950
- Weiss v. CommissionerUnited States Tax Court · 1946
- Estate of Davey v. CommissionerUnited States Tax Court · 1948
- City Bank Farmers Trust Co. v. PedrickCourt of Appeals for the Second Circuit · 1948
- Worthington v. CommissionerUnited States Tax Court · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Oei Tjong Swan v. CommissionerUnited States Tax Court · 1955
- Estate of Ogarrio (Daguerre) v. CommissionerUnited States Tax Court · 1963
- Waldstein v. CommissionerUnited States Tax Court · 1960
- Estate of Ogarrio (Daguerre) v. CommissionerUnited States Tax Court · 1963
- Joachim v. CommissionerUnited States Tax Court · 1954
2 more not listed; retrieve them via the Exa API.