Opinion

Digan v. Commissioner

  • 35 B.T.A. 256
  • 1937 BTA LEXIS 904
Court
United States Board of Tax Appeals
Filed
Jan 12, 1937
Status
Published
Author
Leech
On the bench
Sternhagen, Leech
Cited by
2 cases
Authority
More cited than 10.7%

The opinion

Leech,

dissenting: The petitioner owned real estate. His wife then owned a dower right in that real estate. That right, even though inchoate, was her valuable right, measurable in money. Ferguson v. Dickson, 300 Fed. 961 ; McCaughn v. Carver, 19 Fed. (2d) 126; United States v. Mitchell, 74 Fed. (2d) 571. She could not be divested of it without her consent. If the purchaser had bought from the husband, alone, his interest in the property, for half the consideration paid here for the interests of both the husband and wife in the property, and -in another transaction secured a quitclaim deed from the wife for her rights in the same property for the other half of the consideration paid here, it certainly would not be held that the husband was taxable on the consideration paid to the wfife for the rights she and she, alone, owned and could relinquish. It seems to me that, in effect, is the situation here. Frank v. Commissioner, 51 Fed. (2d) 923.

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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