DAMNER v. COMMISSIONER

Docket No. 2376.

3 T.C. 638 (1944)

HERBERT L. DAMNER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 18, 1944.


Attorney(s) appearing for the Case

H. F. Baker, C. P. A., and A. D. Schaffer, Esq., for the petitioner.

T. M. Mather, Esq., for the respondent.


This proceeding is for the redetermination of a deficiency in gift tax for the calendar year 1939 in the amount of $3,130.77, and a penalty in the amount of $469.62 for delinquency in filing a gift tax return. The primary questions involved are whether or not a gift was made by the petitioner to his wife when they entered into an agreement converting any separate property then held by either of them into community property, and, if...

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