McMurtry v. Commissioner
United States Tax Court
In 1933 petitioner made a transfer in trust for the benefit of his first wife in pursuance of a separation agreement. Such transfer was in consideration for her release of both her support rights and property rights arising out of the marital relationship. In 1942 petitioner similarly made two transfers in trust for the benefit of his second wife in pursuance of a separation agreement.
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In 1933 petitioner made a transfer in trust for the benefit of his first wife in pursuance of a separation agreement. Such transfer was in consideration for her release of both her support rights and property rights arising out of the marital relationship. In 1942 petitioner similarly made two transfers in trust for the benefit of his second wife in pursuance of a separation agreement. Such transfers were also in consideration of her release of both her support rights and property rights arising from the marital relationship. Petitioner's daughter by his second marriage received a remainder…
1Opinion of the Court
OPINION.
Hill, Judge:
To determine petitioner’s gift tax liability for the calendar year 1942 arising out of two transfers in trust he made in that year for the benefit of his second wife, Louise Hunt McMurtry,' and his daughter, Louise Hunt McMurtry, we must first decide whether the interest he transferred to his first wife, Mabel Post McMurtry, by the transfer in trust in 1933 and the interests he transferred to his second wife by the two trusts created in 1942 constitute gifts1 to the extent, if any, they exceeded the respective support rights of the two wives in these trusts. The separation…
2Cases cited10 opinions
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Merrill v. FahsSupreme Court of the United States · 1945
- Harris v. CommissionerSupreme Court of the United States · 1950
- Jones v. CommissionerUnited States Tax Court · 1943
- Huntington Nat'l Bank v. CommissionerUnited States Tax Court · 1949
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Watson v. CommissionerUnited States Tax Court · 1953
- Bowers v. CommissionerUnited States Tax Court · 1955
- O'Reilly v. CommissionerUnited States Tax Court · 1990
- Estate of Fenton v. CommissionerUnited States Tax Court · 1978
- Newlin v. CommissionerUnited States Tax Court · 1958
10 more not listed; retrieve them via the Exa API.