Legal Opinion

McGrath v. Commissioner

United States Board of Tax Appeals

Decided April 27, 1934No. Docket Nos. 65039-65042PublishedCited by 1 opinion

In his will the decedent, who died in 1921, left the residue of his real estate to his wife for life, with the remainder to his five children, who were not to receive their shares before they reached the age of 24 years. The will further provided that if any child should die before reaching the age of 24, without issue, his or her share should be divided equally among the decedent's surviving children.

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In his will the decedent, who died in 1921, left the residue of his real estate to his wife for life, with the remainder to his five children, who were not to receive their shares before they reached the age of 24 years. The will further provided that if any child should die before reaching the age of 24, without issue, his or her share should be divided equally among the decedent's surviving children. The decedent's widow died on June 9, 1929, at which time two of the children were under 24 years of age. On December 7, 1929, certain of the real estate was acquired in condemnation proceedings…

1Opinion of the Court

OPINION.

Smith:

These proceedings, consolidated for hearing, involve deficiencies in income tax for 1929 and penalties as follows:

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*563The petitioner, Robert E. McGrath, and the three individuals, James W. McGrath, Mrs. Leo Thieman, and Marie Louise McGrath, for whom the other named petitioners are trustees, are children and devisees of Frank McGrath, who died June 27, 1921, leaving a will by which he bequeathed all of his personal property and the residue of his real property to his wife for life, with the remainder over to his five children.

The penalties herein are asserted for…

2Cases cited20 opinions

  1. Brewster v. GageSupreme Court of the United States · 1930
  2. Scofield v. OlcottIllinois Supreme Court · 1887
  3. Ducker v. BurnhamIllinois Supreme Court · 1893
  4. Knight v. PottgieserIllinois Supreme Court · 1898
  5. Fulton v. TeagerCourt of Appeals of Kentucky · 1919

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3Cited by1 opinion

  1. McGrath v. CommissionerUnited States Board of Tax Appeals · 1934

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