NICHOLS V. COOLIDGE, 274 U. S. 531 (1927)

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U.S. Supreme Court

Nichols v. Coolidge, 274 U.S. 531 (1927)

Nichols v. Coolidge

No. 88

Argued January 6, 7, 1927

Decided May 31, 1927

274 U.S. 531


1. An absolute conveyance of real estate made without money consideration by deed to the grantor's children is not a transfer intended to take effect in possession or enjoyment at or after the grantor's death within the intendment of § 402, par. (c) of the Revenue Act approved February 24, 1919, "Estate Tax," although the premises were contemporaneously leased by the grantees to the grantor for one year or any renewal thereof, but subject to the lessors' right to terminate the term during any year, and although the parties contemplated that the grantor should enjoy the property for residential purposes as long as she desired, but made no valid agreement to that effect. P. 274 U. S. 538.

2. Section 402(c), supra, insofar as it requires that there shall be included in the gross estate the value of property transferred by a decedent prior to its passage merely because the conveyance was to take effect in possession or enjoyment at or after his death, violates the Fifth Amendment. P. 274 U. S. 542.

4 F.2d 112 affirmed.

Error to a judgment of the district court, recovered by Coolidge and Loring, Executors, from Nichols, Collector, representing the amount of certain federal estate taxes unlawfully assessed and collected over their protest.

Page 274 U. S. 532

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