- 7 - question presented by petitioner's motion is whether, at the time of her death, decedent possessed a beneficial interest in the property transferred by Dilworth, assuming for present purposes that the transfers were voidable. In Morgan v. Commissioner, 309 U.S. 78, 80 (1940), the Supreme Court stated: State law creates legal interests and rights. The federal revenue acts designate what interests or rights, so created, shall be taxed. * * * Relying on these principles, petitioner contends that the value of decedent's Chapote limited partnership interest is not includable in the value of decedent's gross estate on the ground that, under Texas law, a voidable transfer vests title in the transferee until successfully avoided. In short, petitioner contends that section 2033 is not applicable insofar as the disputed transfers were effective to vest legal title in the transferees. Petitioner's focus on the transferees' legal title to the disputed property is misplaced. To the contrary, the question posed under section 2033 is whether the decedent, at the time of her death, possessed a beneficial interest in the property. If the transfers in question constituted voidable transfers, we are satisfied that the decedent possessed a beneficial interest in the property; i.e., the right to avoid the transfers and regain legal title to the property, within the meaning of section 2033.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011