Opinion

Estate of Schwartz v. Commissioner

  • 83 T.C. 943
  • 83 T.C. No. 51
  • 1984 U.S. Tax Ct. LEXIS 3
Court
United States Tax Court
Filed
Dec 17, 1984
Status
Published
Author
Nims
On the bench
Swift,Dawson,Simpson,Sterrett,Chabot,Korner,Shields,Hamblen,Cohen,Clapp,Jacobs,Fay,Wilbur,Whitaker,Gerber,Nims,Goffe,Wright
Cited by
12 cases

where administrative regulations are ambiguous, the rules of statutory construction will apply

How later courts described this case

  • where administrative regulations are ambiguous, the rules of statutory construction will apply
  • canons of statutory construction apply to interpretation of Treasury regulations

Written by the judges who cited it.

The opinion

Nims, J., concurring: The majority by implication invalidates section 20.2014-l(a)(3), Estate Tax Regs., insofar as it applies to the facts of this case. I would do so expressly. The regulation lays down the blanket rule that the situs of a nonresident U.S. citizen’s property is to be determined by the obverse of "similar property of a non-resident decedent not a citizen of the United States.” But the situs of some property, including bank deposits in a U.S. bank, is determined differently in the case of a resident decedent not a citizen of the United States. Since the regulation fails to take this distinction into account, it is invalid and we should clearly say so.

Goffe and Wright, JJ., agree with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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