- 58 -
Under the very broad test of Fernandez, we think the
estate tax imposed in the instant case is free of
constitutional defect. There was a cessation of decedent's
interests in the assets of her gross estate that was
occasioned by death, both with respect to any property
transferred to Andrew and Dinah and any property remitted to
the Government in payment of the estate tax. Accordingly, the
imposition of the estate tax in this case falls well within
the taxing power previously sanctioned by the Supreme Court.
To reflect the foregoing,
Decision will be entered
under Rule 155.
Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 NextLast modified: May 25, 2011