Talbott v. Commissioner
United States Tax Court
Held, a revocable transfer of property to a trust made prior to Mar. 4, 1931, which transfer became irrevocable after Mar. 4, 1931, but before the grantor's death, falls within the exception of sec. 2036(b), I.R.C. 1954, and the value of the trust property is not includable in the grantor's gross estate upon her death.
1Opinion of the Court
OPINION
Dawson, Judge:
Respondent determined a deficiency hi estate tax against the Estate of Eleanor Buchanan Talbott in the amount of $67,217.77.1
Some adjustments made in the notice of deficiency have not been contested by petitioner. Additional deductions claimed for administrative expenses will be resolved in the Rule 50 computation. This leaves only one issue for our decision: Did the decedent make transfers to a trust prior to March 4,1931, within the meaning of section 2036 (b), I.R.C. 1954,2 so as to exclude the value of the properties from her gross estate ?
The facts have been fully…
2Cases cited14 opinions
- Crooks v. HarrelsonSupreme Court of the United States · 1930
- Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
- United States v. Olympic Radio & Television, Inc.Supreme Court of the United States · 1955
- Commissioner of Internal Revenue v. Estate of Ellis Branson Ridgway, Deceased, Craig Sawyer Ridgway and Ellis Branson Ridgway, Jr., ExecutorsCourt of Appeals for the Third Circuit · 1961
- Cuddihy v. CommissionerUnited States Tax Court · 1959
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Estate of Lammerts v. CommissionerUnited States Tax Court · 1970
- Estate of Thomson v. CommissionerUnited States Tax Court · 1972
- Estate of Graves v. CommissionerUnited States Tax Court · 1989
- Commissioner of Internal Revenue v. Estate of Eleanor Buchanan Talbott, Deceased, Bryan CarverCourt of Appeals for the Fourth Circuit · 1969
- Estate of Graves v. CommissionerUnited States Tax Court · 1989
3 more not listed; retrieve them via the Exa API.