Waldstein v. Commissioner
United States Tax Court
Decedent inherited under the will of her mother, Lina Joachim, a 56 per cent interest in her mother's remainder interest in a trust. The funds constituting such remainder interest were, by court order, placed on deposit with a New York City bank and were subsequently vested in the Alien Property Custodian prior to the mother's death. After the mother's death, the Alien Property Custodian procured the transfer of these funds from the New York bank to the Federal Reserve bank.
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Decedent inherited under the will of her mother, Lina Joachim, a 56 per cent interest in her mother's remainder interest in a trust. The funds constituting such remainder interest were, by court order, placed on deposit with a New York City bank and were subsequently vested in the Alien Property Custodian prior to the mother's death. After the mother's death, the Alien Property Custodian procured the transfer of these funds from the New York bank to the Federal Reserve bank. After this transfer decedent died, a nonresident alien not engaged in business in the United States. Held: Section 36…
1Opinion of the Court
OPINION.
FORRESTER, Judge:
Respondent lias determined a deficiency of $18,539.13 in the estate tax of the decedent, Ruth Waldstein. The question for our decision is whether funds on deposit at the Federal Reserve bank for the account of the Alien Property Custodian at the time of decedent’s death were excludable from decedent’s gross estate under section 863(b) of the Internal Revenue Code of 1939,1 as property not situated in the United States.
All of the facts have been stipulated and are so found.
Decedent died intestate about October 3, 1944, in a German concentration camp in Holland. At all…
2Cases cited4 opinions
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Weiss v. CommissionerUnited States Tax Court · 1946
- Joachim v. CommissionerUnited States Tax Court · 1954
3Cited by1 opinion
- Waldstein v. CommissionerUnited States Tax Court · 1960