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Jewett v. Commissioner, 455 U.S. 305 (1982)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Jewett v. Commissioner, 455 U.S. 305 (1982)
Jewett v. Commissioner, 455 U.S. 305 (1982) No. 80-1614 Argued December 1, 1981 Decided February 23, 1982 455 U.S. 305
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT
Syllabus
Held: The "transfer" referred to in the Treasury Regulation excepting from the federal gift tax a refusal to accept ownership of an interest in property transferred by will if such refusal is effective under local law and made "within a reasonable time after knowledge of the existence of the transfer," occurs, as indicated by both the text and history of the Regulation, when the interest is created, and not at a later time when the interest either vests or becomes possessory. Hence, in this case, where disclaimers of a contingent interest in a testamentary trust, though effective under local law, were not made until 33 years, and thus not "within a reasonable time," after the interest was created, the disclaimers were subject to a gift tax under §§ 2501(a)(1) and 2511(a) of the Internal Revenue Code, as indirect gifts to a successor in interest. Pp. 309-919.
638 F.2d 93, affirmed.
STEVENS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, MARSHALL, and POWELL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which REHNQUIST and O’CONNOR, JJ., joined, post, p. 319.
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Chicago: U.S. Supreme Court, "Syllabus," Jewett v. Commissioner, 455 U.S. 305 (1982) in 455 U.S. 305 455 U.S. 306. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4QBLM1DZ4MAF617.
MLA: U.S. Supreme Court. "Syllabus." Jewett v. Commissioner, 455 U.S. 305 (1982), in 455 U.S. 305, page 455 U.S. 306. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4QBLM1DZ4MAF617.
Harvard: U.S. Supreme Court, 'Syllabus' in Jewett v. Commissioner, 455 U.S. 305 (1982). cited in 1982, 455 U.S. 305, pp.455 U.S. 306. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4QBLM1DZ4MAF617.
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