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18 B.T.A. 377

Pratt v. Commissioner

United States Board of Tax Appeals

Decided November 29, 1929

United States Board of Tax Appeals · decided 1929-11-29

Transfers held not to have been made in contemplation of death.

Cited by 5 later decisions (1 by the Supreme Court) — most recently June 1945

Good law ✅— No negative treatment on recordhow we know

Decided 1929-11-29

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¶1*379OPINION.

Van Fossan:

¶2Under 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.

¶3Decision will be entered under Bule 50.

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