Legal Opinion

Brockway v. Commissioner

United States Tax Court

Decided June 10, 1952No. Docket No. 24446Published

Held: 1. At the time of decedent's death all of the capital stock of Crown Body & Coach Corporation was jointly owned by the decedent and his son Murillo, with the right of survivorship, and one-half of its fair market value at decedent's death is includible in his gross estate for estate tax purposes. 2. Real property located at 4909 Sunset Boulevard was jointly owned by the decedent and his surviving spouse at the time of his death and is includible in his gross estate to…

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Held: 1. At the time of decedent's death all of the capital stock of Crown Body & Coach Corporation was jointly owned by the decedent and his son Murillo, with the right of survivorship, and one-half of its fair market value at decedent's death is includible in his gross estate for estate tax purposes. 2. Real property located at 4909 Sunset Boulevard was jointly owned by the decedent and his surviving spouse at the time of his death and is includible in his gross estate to the extent of 84 per cent of its fair market value. 3. Certain personal property, consisting of a bank account and two…

1Opinion of the Court

The Estate of Don Murillo Brockway Deceased, Petitioner, v. Commissioner of Internal Revenue, Respondent

Brockway v. Commissioner

Docket No. 24446

United States Tax Court

18 T.C. 488; 1952 U.S. Tax Ct. LEXIS 174;

June 10, 1952, Promulgated

Decision will be entered under Rule 50.

Held:

1. At the time of decedent's death all of the capital stock of Crown Body & Coach Corporation was jointly owned by the decedent and his son Murillo, with the right of survivorship, and one-half of its fair market value at decedent's death is includible in his gross estate for estate tax purposes.

2. Real property located…

2Cases cited11 opinions

  1. Fernandez v. WienerSupreme Court of the United States · 1946
  2. Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
  3. Estate of WatkinsCalifornia Supreme Court · 1940
  4. Moffitt v. KellySupreme Court of the United States · 1910
  5. Stark v. BarrettCalifornia Supreme Court · 1860

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