- 11 - the question in final fashion, in favor of Anne Street Skipper and her father's estate. It is the law of the case on this issue. The principle is recognized in Texas: where a determination has already been made on a prior appeal to a court of last resort, it will govern the case throughout all its subsequent stages. Transport Ins. Co. v. Employees Cas. Co., 470 S.W.2d 757 (Tex. App. 1971, writ refd. n.r.e.). The principle is equally applicable in Federal courts. White v. Higgins, 116 F.2d 312, 317 (1st Cir. 1940). So much for the matter of ownership of the property under State law. We turn now to the Federal estate tax aspects of the case. The estate tax is not a tax on property but rather is an excise tax, levied on the right to transmit property at death. The amount to be taxed is valued by the property actually transferred, as opposed to that owned by the decedent before death, or the interest held by the legatee after death. New York Trust Co. v. Eisner, 256 U.S. 345 (1921); Knowlton v. Moore, 178 U.S. 41 (1900); Estate of Bright v. United States, 658 F.2d 999 (5th Cir. 1981) (a Texas case). As the Court of Appeals pointed out in Walter v. United States, 341 F.2d 182, 185 (6th Cir. 1965), the tax is imposed on the right to transfer property by the decedent, and is measured by what is passed rather than by what is received. This adds significance to the provisions of section 2042(1), which provides that for Federal estate taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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