Public-domain · open source
OpenJurist

7 B.T.A. 1144

Pelton v. Commissioner

United States Board of Tax Appeals

Decided August 22, 1927

United States Board of Tax Appeals · decided 1927-08-22

The value of property purchased by decedent through investments of proceeds of sale of securities acquired by decedent as a share in the estate of a prior decedent who died within five years and on whose estate an estate tax was paid, was acquired in exchange within the meaning of section 403(a)(2) of the Revenue Act of 1921 and such value is not properly to be included in the value of decedent's gross estate.

Cited by 4 later decisions — most recently May 1929

Relies on Rodenbough v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1927-08-22

View the full empirical analysis of this case →

¶1*1146OPINION.

Murdock :

¶2The respondent defends his action in regard to these items by the argument that under section 403 (a) (2) of the Revenue Act of 1921, the right to the deduction is lost, where there has been more than one exchange and that in the .present case there has been more than one exchange. Both parties concede that the question here is exactly the same as the question previously decided by this Board in the Appeal of Elmer E. Rodenbough, Executor, 1 B. T. A. 477. In the Roderibough case we had an equivalent set of facts and we were there concerned with a similar provision of the Revenue Act of 1918. The same reasoning that was advanced in the Roden-bough case is equally applicable here and we therefore hold that in this case the petitioner is entitled to deduct these items from the gross estate of the decedent.

¶3Judgment will be entered in accordance with the foregoing on notice of 15 days, under Rule 50.

Considered by Sternhagen and Arttndell.
/7/bta/1144 · .json · Public domain