Powers v. Commissioner
Cases that cite this one
63 later published cases cite this decision. The 25 that cite it most often are listed here.
- Zanuck v. Commissioner of Internal Revenue (9th Cir. 1945)
- Estate of Jelke v. Commissioner (11th Cir. 2007)
- Alisa Bradley and Ronald Bradley, Parents and Next Friends of Rachel Bradley v. Secretary of the Department of Health and Human Services (Fed. Cir. 1993)
- Wells v. Secretary of the Department of Health & Human Services (United States Court of Federal Claims 1993)
- Piper v. Secretary of Health & Human Services (United States Court of Federal Claims 1993)
- Estate of Rose (Pa. 1975)
- Publicker v. Commissioner of Internal Revenue (3d Cir. 1953)
- Talbot Mills v. Commissioner of Internal Revenue (1st Cir. 1944)
- Estate of Ellen M. Wien, Deceased v. Commissioner of Internal Revenue (5th Cir. 1971)
- Kaufman v. Comm'r (United States Tax Court 2014)
- Cohan v. Comm'r (United States Tax Court 2012)
- Estate of Noble v. Comm'r (United States Tax Court 2005)
- Whittemore v. Fitzpatrick (United States District Court for the District of Connecticut 1954)
- Phipps v. Commissioner (United States Board of Tax Appeals 1941)
- Schwab v. Commissioner (9th Cir. 2013)
- United States v. Woods (Supreme Court of the United States 2013)
- Sta-Home Health Agcy v. CIR (5th Cir. 2006)
- Caracci v. C.I.R. (5th Cir. 2006)
- Dunn v. Commissioner (5th Cir. 2002)
- Walter L. Gross, Jr. And Barbara H. Gross (99-2239) Calvin C. Linnemann and Patricia G. Linnemann (99-2257) v. Commissioner of Internal Revenue (6th Cir. 2001)
- Eric F. Saltzman and Victoria M. Saltzman v. Commissioner of Internal Revenue, Arnold Saltzman and Joan Saltzman v. Commissioner of Internal Revenue (2d Cir. 1997)
- Mass ex rel. Mass v. Secretary of Health & Human Services (United States Court of Federal Claims 1994)
- Alma M. O'Reilly v. Commissioner of Internal Revenue, Charles H. O'reilly, Sr. v. Commissioner of Internal Revenue (8th Cir. 1992)
- Frederick G. Krapf, Jr., and June B. Krapf v. The United States (Fed. Cir. 1992)
- Estate of D.D. Palmer, Deceased, Richard L. Braunstein and Davenport Bank & Trust Co., Executors and A.H. Palmer v. Commissioner of Internal Revenue (8th Cir. 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the Court.
The issue in this case is the same as that in Guggenheim v. Rasquin, ante, p. 254. Petitioner in November and December, 1935, purchased single-premium policies of insurance on her own life and late in December, 1935, irrevocably assigned them as gifts. The Commissioner determined a deficiency, claiming that the value of the policies for gift-tax purposes was the cost of duplicating them at the dates of the gifts, not the cash-surrender *260 value as reported by petitioner. The Board of'.Tax Appeals held that the value of the gifts was their cash-surrender value. The Circuit Court of Appeals reversed. 115 F. 2d 209. That judgment must be affirmed on the authority of Guggenheim v. Rasquin, supra, unless as claimed by petitioner the court below was precluded from substituting its judgment of value for that of the Board. Helvering v. Rankin, 295 U. S. 123, 131. But the question of what criterion should be. employed for determining the “value” of the gifts is a question of law. See Lucas v. Alexander, 279 U. S. 573. Accordingly, the Circuit Court of Appeals was justified in reversing the decision of the Board as “not in accordance with law.” Int. Rev. Code 1939, § 1141 (c) (1); 53 Stat. 164.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.