¶1dissenting: I agree with the majority that petitioner’s plea of res adjudicata should not be sustained. My view upon the applicability of the statute of limitations has been previously stated. Evelyn N. Moore, 1 T. C. 14 (on appeal 2 C. C. A.); Fletcher Trust Co., 1 T. C. 798 (on appeal 7 C. C. A.); Alma M. Myer, 2 T. C. 291 (on appeal 8 C. C. A.); Marguerite E. Bauer, 2 T. C. 1016.
3 T.C. 301
Riter v. Commissioner
Decided February 18, 1944
United States Tax Court · decided 1944-02-18
1. Gift Tax -- Exclusions -- Section 504 (b), Revenue Act of 1932. -- Although there was a gift of a present interest to one donee, the value of that interest can not be determined in view of the power of the trustee in his absolute discretion to terminate that interest by awarding the corpus of the trust to another beneficiary at any time.
Relies on Moore v. Commissioner · Fletcher Trust Co. v. Commissioner · Myer v. Commissioner
Good law ✅— No negative treatment on recordhow we know
Decision will be entered for the respondent · Decided 1944-02-18
How this case has been cited
Cited by 17 later decisions — most recently September 2006
2 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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