Transfer
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 323 U.S. 365 - McKenzie v. Irving Trust Co. · 1945Most cited · 568 citing opinions
Section 1(30) of the Bankruptcy Act declares that 'transfer' shall include the sale and every other ... mode ... of disposing of or of parting with property ... or with the possession thereof.
How the Supreme Court has restated “Transfer”
Each Supreme Court definition of “Transfer,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “Transfer”
Court decisions citing the 5 opinions that defined “Transfer” — 1,528 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 5 definitions, chronological · 1935–1966
- ORIGINAL
Its language discloses the general purpose to tax every transaction whereby the right to be or become a shareholder of a corporation or to receive any certificate of any interest in its property is surrendered by one and vested in another. ... It is enough if the right or interest transferred is, by any form of procedure, relinquished by one and vested in another. ... It is relinquishment of the ownership for the benefit of another, and the resultant acquisition of it by him which calls the statute into operation.
stock transfer tax
Subsection (3) applies only to testamentary dispositions. The only transfers required to be included in the gross estate are those made in contemplation of death or to take effect in possession or enjoyment at or after death. In other words, only such transfers as are testamentary in character are to be included in the gross estate, and it follows that only those of that character are deductible under subsection (3).
estate tax charitable deduction — testamentary character required
a transfer shall be deemed to have been made at the time when it became so far perfected that no bona-fide purchaser from the debtor and no creditor could thereafter have acquired any rights in the property so transferred superior to the rights of the transferee therein, and, if such transfer is not so perfected prior to the filing of the petition in bankruptcy * * * it shall be deemed to have been made immediately before bankruptcy
when deemed made
With respect to each addition to trust principal from accumulated income, Fabrice had clearly made a 'transfer' as required by § 811(c)(1)(B)(ii). Under that section, the power over income retained by Fabrice is sufficient to require the inclusion of the original corpus of the trust in his gross estate. The accumulated income added to principal is subject to the same power and is likewise includable.