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Full-Text Articles in Tax Law

Taxation-Retroactive Application Of Federal Estate Tax Laws Nov 1931

Taxation-Retroactive Application Of Federal Estate Tax Laws

Michigan Law Review

Since the passage of the first federal estate tax laws in 1916, many difficult problems have presented themselves to the United States Supreme Court and the inferior federal courts with respect to their application. Possibly nothing in this field has caused more trouble than the decision as to whether and to what extent Congress has the power to tax retroactively gifts made in contemplation of death and transfers intended to take effect in possession or enjoyment at or after the death of the donor; and further, assuming it has such power, exactly what constitutes a gift or transfer within the …


Taxation-Retrospective Succession Tax On Trust Remainder Jun 1931

Taxation-Retrospective Succession Tax On Trust Remainder

Michigan Law Review

The settlors voluntarily placed property in trust, the income from which was to be paid to them during their lives, the corpus to be divided upon the surviving settlors' death, among their sons, or if any son predeceased the survivor, among those persons entitled to take his intestate property. Subsequently the settlors assigned their life interest to the sons; this conveyance, however, in the case of Coolidge v. Loring, 235 Mass. 220, 126 N.E. 276, was held ineffectual to eliminate the possible effect of the contingency of any son predeceasing the surviving settlor. Between the execution of the deed …


Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes May 1931

Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes

Michigan Law Review

Theoretically there is an accepted distinction between jurisdiction to exact an inheritance tax and a property tax. Is this distinction of practical significance? Does it influence a court in the concrete decision of a case?