Young Men’s Christian Ass’n v. Davis, 264 U.S. 47 (1924)

Young Men’s Christian Association

of Columbus, Ohio v. Davis
No. 249

Argued January 11, 1924
Decided February 18, 1924
264 U.S. 47

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF OHIO

Syllabus

1. The Estate Tax imposed by the Revenue Act of 1918, c. 18, 40 Stat. 1096, is not a succession tax upon the benefits received by devisees and legatees, but an excise or death duty upon the transfer of the decedent’s estate. P. 49.

2. In providing that bequests to religious and charitable corporations shall be deducted in determining the value of the net estate upon which the tax is imposed, § 403(3), the act does not undertake to exempt the recipient of such charitable gifts from the burden of the tax if placed upon them by the will. P. 50.

3. Hence, where the charitable gifts are residuary, and are duly taken into account in ascertaining the net taxable estate and the amount of the tax, the act offers no obstacle to charging the tax, with other costs and expenses, against the gross estate and satisfying specific devises and bequests in full before the charitable gifts are satisfied. Id.

106 Oh.St. 366 affirmed.

Certiorari to a judgment of the Supreme Court of Ohio which affirmed a judgment directing an executor to deduct a federal estate tax from the residuary estate given by the will to the present petitioners, and not from the specific devises and bequests to the respondents.