Legal Opinion

Estate of Gerard v. Commissioners

United States Tax Court

Decided March 13, 1972No. Docket No. 5573-69Published

Held, the transfer of 51 shares of stock of Aeon Realty Co. by the decedent, Sumner Gerard, to his sons on Jan. 2, 1964, followed by his death on Mar. 10, 1966, constituted a gift made in "contemplation of death" within the meaning of sec. 2035, I.R.C. 1954.

1Opinion of the Court

Estate of Sumner Gerard, Chemical Bank New York Trust Company, C. H. Coster Gerard, Sumner Gerard, Jr., James W. Gerard II, Executors, Petitioner v. Commissioners of Internal Revenue, Respondent

Estate of Gerard v. Commissioners

Docket No. 5573-69

United States Tax Court

57 T.C. 749; 1972 U.S. Tax Ct. LEXIS 168;

March 13, 1972, Filed

Decision will be entered under Rule 50.

Held, the transfer of 51 shares of stock of Aeon Realty Co. by the decedent, Sumner Gerard, to his sons on Jan. 2, 1964, followed by his death on Mar. 10, 1966, constituted a gift made in "contemplation of death" within the…

2Cases cited28 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Commissioner v. WilcoxSupreme Court of the United States · 1946
  3. Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
  4. First Trust & Deposit Co. v. ShaughnessyCourt of Appeals for the Second Circuit · 1943
  5. McCaughn v. Real Estate Land Title & Trust Co.Supreme Court of the United States · 1936

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