United States Second Circuit
Estate of Stewart v. Comm'r. of Int'l. Rev., 07-5370
In an estate administrator's appeal from a judgment of the United States Tax Court holding that a 49% interest in a five-story New York house was includible in the gross estate pursuant to 26 U.S.C. section 2036, and finding a $398,857.00 estate tax deficiency for the year 2000, the order is vacated where the Tax Court clearly erred in finding that the terms of an implied agreement provided that decedent would retain enjoyment of the entire 49% share, and that the entire property should remain in the estate.
Appellate Information
- Decided 08/09/2010
- Published 08/09/2010
Judges
- Guido Calabresi
Court
- United States Second Circuit
Counsel
- For Appellant:
- Jennifer S. Smith, Randolph L. Hutter