Pratt v. Commissioner

Board of Tax Appeals

Pratt v. Commissioner

18 B.T.A. 377, 1929 BTA LEXIS 2066

CourtUnited States Board of Tax Appeals

DecidedNovember 29, 1929

DocketDocket No. 25729.

StatusPublished

Cited by2 cases

This text of 18 B.T.A. 377 (Pratt v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pratt v. Commissioner, 18 B.T.A. 377, 1929 BTA LEXIS 2066 (bta 1929).

Pincite

Opinion

[379]*379OPINION.

Van Fossan:

Under the facts detailed above we come without difficulty to the conclusion that the transfer of stocks by petitioners’ decedent to her daughters was motivated solely by her determination to reduce the amount of her income taxes and not by any thought of impending death. The mere fact that disease in a more or less serious form may be present is not enough to justify a finding that a transfer of property is made in contemplation of death. We must inquire as best we may into the mind of the deceased and determine the dominating or controlling impulse. Here there is no doubt on this score. Credible witnesses have pictured the mental processes of decedent that led to the transfer. The transfers were not made in contemplation of death.

Decision will be entered under Bule 50.

Free access — add to your briefcase to read the full text and ask questions with AI

[379]*379OPINION.

Van Fossan:

Under the facts detailed above we come without difficulty to the conclusion that the transfer of stocks by petitioners’ decedent to her daughters was motivated solely by her determination to reduce the amount of her income taxes and not by any thought of impending death. The mere fact that disease in a more or less serious form may be present is not enough to justify a finding that a transfer of property is made in contemplation of death. We must inquire as best we may into the mind of the deceased and determine the dominating or controlling impulse. Here there is no doubt on this score. Credible witnesses have pictured the mental processes of decedent that led to the transfer. The transfers were not made in contemplation of death.

Decision will be entered under Bule 50.

Cite This Page — Counsel Stack

Bluebook (online)

18 B.T.A. 377, 1929 BTA LEXIS 2066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-commissioner-bta-1929.

Opinion

Related

Cite This Page — Counsel Stack