Estate of Rapelje v. Commissioner
United States Tax Court
Decedent transferred by gift his personal residence to his two daughters, but most of the time he continued living in it. There was an implied understanding between the parties, arising contemporaneously with the transfer, whereby the decedent was allowed to retain possession or enjoyment of the residence for a period which did not in fact end before his death.
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Decedent transferred by gift his personal residence to his two daughters, but most of the time he continued living in it. There was an implied understanding between the parties, arising contemporaneously with the transfer, whereby the decedent was allowed to retain possession or enjoyment of the residence for a period which did not in fact end before his death. Held, the value of the residence is includable in the decedent's gross estate under sec. 2036(a)(1), I.R.C. 1954. Held, further: Since the executrices knew that a Federal estate tax return was required but were unaware of the due date,…
1Opinion of the Court
Dawson, Judge:
Respondent determined a $13,237.74 deficiency in the Federal estate tax of Adrian K. Rapelje and additions to tax under the provisions of section 66511 in the amount of $2,802.73.2 Due to concessions by the parties, the only issues presented for decision are: (1) Whether under section 2036(a)(1) the value of a residence which decedent had transferred by gift to his daughters must be included in his gross estate, and (2) whether there was reasonable cause for the late filing of the estate tax return and late payment of the estate tax liability.
FINDINGS OF FACT
Some of the facts…
2Cases cited29 opinions
- Paula Constr. Co. v. CommissionerUnited States Tax Court · 1972
- Haywood Lumber & Mining Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Hatfried, Inc. v. Commissioner of Internal Rev.Court of Appeals for the Third Circuit · 1947
- Sanderling, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1978
- Estate of Christ v. Comm'rUnited States Tax Court · 1970
24 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. BoyleSupreme Court of the United States · 1985
- Estate of Young v. CommissionerUnited States Tax Court · 1983
- Estate of Di Rezza v. CommissionerUnited States Tax Court · 1982
- Estate of Spruill v. CommissionerUnited States Tax Court · 1987
- Estate of Lydia G. Maxwell, Deceased First National Bank of Long Island Victor C. McCuaig Jr., Executors v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1993
30 more not listed; retrieve them via the Exa API.