Opinion

Sharp v. Commissioner

  • 30 B.T.A. 532
  • 1934 BTA LEXIS 1304
Court
United States Board of Tax Appeals
Filed
Apr 27, 1934
Status
Published
Author
Fossan
On the bench
Smith, Matthews, Seawell, Fossan, Agree, Leech
Cited by
1 cases
Authority
More cited than 10.7%

The opinion

Van Fossan,

dissenting: I can not agree with the majority ruling that the transfer of property to the trusts was not made in contemplation of death as defined in United States v. Wells, 283 U.S. 102 . On the same day the trust deeds were executed petitioner executed his will. The trusts were for the benefit of the wife and children, the natural objects of the decedent’s bounty in a testamentary disposition. The only conclusion I can draw from such a situation is that decedent was putting his house in order in contemplation of his ultimate death. The fact that he did not contemplate early death is immaterial. He was doing those things normally done in a testamentary disposition by one desiring to control the disposition of his property at his death. Edgar A. Igleheart et al., Executors, 28 B.T.A. 888 .

The burden of proof was on the taxpayers. The failure to produce the deeds of trust in evidence gives rise to a proper inference that the language of the deeds would not have supported their contention.

Smith, Leech, and Adams agree with this dissent.

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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