Guaranty Trust Co. v. Commissioner
United States Board of Tax Appeals
Where by will a remainder was left to certain charities after the death of a daughter without issue, and prior to the death of the decedent an operation had been performed upon the daughter which rendered her incapable of childbearing, the law nevertheless assumes that she may bear children and thus defeat the charitable remainder; therefore the Commissioner did not err in denying a deduction under section 303(a)(3) of the Revenue Act of 1926.
1Opinion of the Court
OPINION.
Murdock :
The Commissioner determined a deficiency of $1,050.11
in estate tax. The errors assigned are (a) the failure of the Commis*551sioner to include as an allowance for inheritance taxes paid to the various states the sum of $4,509.10, being the amount of transfer tax paid to the State of New York; (&) the disallowance of a deduction for bequests to charities amounting to $200,388. In determining the deficiency the Commissioner assumed that only $8,486.02 had been paid as inheritance taxes to the States of New York and Pennsylvania. The parties have now stipulated that, in addition to…
2Cases cited5 opinions
- List v. RodneySupreme Court of Pennsylvania · 1877
- Hill v. Sangamon Loan & Trust Co.Illinois Supreme Court · 1920
- In Re Ricards' Trust EstateCourt of Appeals of Maryland · 1903
- In re DouganSupreme Court of Georgia · 1913
- Dickson v. . CrawleySupreme Court of North Carolina · 1893
3Cited by4 opinions
- Jaynes v. CommissionerUnited States Board of Tax Appeals · 1933
- Thrift Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Guaranty Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Thrift Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1933