Estate of Osborn v. Commissioner
United States Tax Court
1. Estate of Eleanor G. Plessen, 25 T. C. 1301, followed in determining amount of deduction for property previously taxed with respect to property held jointly by decedent and his deceased wife which had previously been included in her gross estate.
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1. Estate of Eleanor G. Plessen, 25 T. C. 1301, followed in determining amount of deduction for property previously taxed with respect to property held jointly by decedent and his deceased wife which had previously been included in her gross estate. Sec. 812 (c), I. R. C. 1939. 2. To the extent that decedent had given away such property after his wife's death and had not yet reimbursed her executors for death taxes applicable thereto (as he was required to do under State law), the claim of her executors against his estate is deductible under section 812 (b) (3), I. R. C. 1939.
1Opinion of the Court
OPINION.
Raum, Judge:
The Commissioner determined a deficiency in estate tax in the amount of $28,048.62 against the Estate of William Church Osborn, who died on January 3, 1951. The present controversy involves the correctness of three interrelated adjustments made by the Commissioner with respect to certain personal property that had previously been included in the gross estate of the decedent’s wife, who died on March 30, 1946. The facts have been stipulated, and the stipulation is incorporated herein by reference as our findings.
The property in question had been held jointly by decedent and…
2Cases cited5 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- In Re the Accounting of TuttleNew York Court of Appeals · 1949
- Bank of America National Trust and Savings Association, as for the Last Will and Testameny of Thomas McDonough Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- Bloedorn v. United StatesUnited States Court of Claims · 1953
- Plessen v. CommissionerUnited States Tax Court · 1956
3Cited by3 opinions
- Estate of Wood v. CommissionerUnited States Tax Court · 1970
- Estate of Osborn v. CommissionerUnited States Tax Court · 1957
- Estate of Wood v. CommissionerUnited States Tax Court · 1970