Legal Opinion
Sidney B. Stern and Vera L. Stern v. Commissioner of Internal Revenue
Court of Appeals for the Ninth Circuit
Decided November 15, 1984No. 83-7177PublishedCited by 20 opinions
1Opinion of the Court
SNEED, Circuit Judge:
Taxpayers appeal from a decision of the Tax Court, 77 T.C. 614 (1981), involving the taxable years of 1971, 1972, and 1973, and holding that transfers of common stock were not sales in exchange for annuities, but instead were transfers in trust subject to retained annual payments. We reverse.
I
FACTS
A summary of the facts, which are more completely stated in the Tax Court’s opinion, 77 T.C. at 616-36, follows. Acting on the advice of attorney Elliot Steinberg, taxpayers Sidney and Vera Stern decided in 1971 to transfer common stock to a foreign situs trust in exchange for…
2Cases cited9 opinions
- Bixby v. CommissionerUnited States Tax Court · 1972
- George v. Zmuda and Walburga Zmuda v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1984
- Audrey M. Thompson, Florence Ain & Gregory Ain, Dorothy E. Kahan & Robert Kahan, Nana Berman & William Berman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
- John Manocchio v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1983
- Athanasius Y. Samuel v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1962
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Stanley D. Pomarantz and Linda Burnett Pomarantz v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1988
- Church by Mail, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
- P.R. Farms, Inc. v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1987
- United States v. Gerald L. SchulmanCourt of Appeals for the Ninth Circuit · 1987
- Gerald W. Ray, Trustee and Personal Representative of the Estate of David L. Ray v. United StatesCourt of Appeals for the Ninth Circuit · 1985
15 more not listed; retrieve them via the Exa API.