Ellis v. Commissioner
United States Tax Court
D and his wife-to-be V, both residents of Arizona, executed an antenuptial agreement wherein each relinquished all future marital rights (including the right to support and alimony in case of separation or divorce) in each other's property and wherein D promised to settle a trust in favor of V. Shortly after their marriage, D transferred $ 200,100 to the trustee of the trust that provides that during the life of D, V, the income beneficiary of the trust, is to receive the…
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D and his wife-to-be V, both residents of Arizona, executed an antenuptial agreement wherein each relinquished all future marital rights (including the right to support and alimony in case of separation or divorce) in each other's property and wherein D promised to settle a trust in favor of V. Shortly after their marriage, D transferred $ 200,100 to the trustee of the trust that provides that during the life of D, V, the income beneficiary of the trust, is to receive the income for her care comfort, or support when the trustee exercises his discretion in her favor; but, when the trustee…
1Opinion of the Court
TibtjeNS, Judge:
The Commissioner determined a deficiency in petitioner’s 1963 gift tax in the amount of $4,468.48. Subsequently, petitioner claimed an overpayment of gift tax in the amount of $19,495.47, in addition to denying the amount of the gift tax determined by the Commissioner. The only question for our determination is whether petitioner made a gift to the “Viola Ellis Trust” during 1963 and if so, the amount of that gift.
BINDINGS OB BAOT
Some of the facts have been stipulated. The stipulations and exhibits attached thereto are so found and are incorporated herein by this reference.
Peti…
2Cases cited2 opinions
- Williams v. WilliamsArizona Supreme Court · 1926
- In Re MacKevich's EstateArizona Supreme Court · 1963
3Cited by3 opinions
- Estate of Carli v. Comm'rUnited States Tax Court · 1985
- Ellis v. CommissionerUnited States Tax Court · 1968
- Estate of Carli v. Comm'rUnited States Tax Court · 1985