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Oliver v. Bell.

April 5, 1939

OLIVER ET AL.
v.
BELL.



Appeal from the District Court of the United States for the Western District of Pennsylvania; Frederic P. Schoonmaker, Judge.

Author: Davis

Before DAVIS, MARIS, and BUFFINGTON, Circuit Judges.

DAVIS, Circuit Judge.

This was a suit by plaintiffs to recover $444,492.10 which they, as executors of the estate of David B. Oliver, deceased, paid to defendant on a deficiency assessment of estate taxes made against the estate of David B. Oliver because in his lifetime he transferred to his children and grandchildren "in contemplation of death" certain property which they did not include in his gross estate when making the tax return.

The learned district judge, before whom the case was tried without a jury, determined as a fact that the property was transferred "in comtemplation of death".

Mr. Oliver died testate on October 21, 1934, at the age of 99 years, 11 months and 11 days. He left a last will and testament bearing date April 6, 1932, which was duly probated and on which letters testamentary were issued. His executors in due time filed an estate tax return purporting to show the tax due on the estate, which they paid.

On April 4, 1932, two days before his will was executed, he transferred to each of his four daughters, to each of his two sons and to two grandchildren, the children of a deceased son, the following shares of stock:

180 Aluminum Company of America, Common

180 Anaconda Copper Mining Company, Common

750 Armstrong Cork Company, Common

1543 Harbison Walker, Common

121 National Union Fire Insurance Company

2403 Phelps-Dodge Corporation, Capital stock

400 Pittsburgh Coal Company, Pfd.

464 Sinclair Consolidated Oil Corporation, Common

2643 Socony Vacuum Oil Corporation, ...


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