Merrill v. Fahs
324 U.S. 308 (1945)

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U.S. Supreme Court

Merrill v. Fahs, 324 U.S. 308 (1945)

Merrill v. Fahs

No. 126

Argued January 9, 1945

Decided March 5, 1945

324 U.S. 308

Syllabus

1. By § 503 of the Revenue Act of 1932, transfers of property are relieved from the gift tax to the extent that they are made for an "adequate and full consideration." Held, in the case of a transfer of property pursuant to an antenuptial agreement, that the relinquishment of marital rights cannot to any extent constitute "adequate and full consideration." P. 324 U. S. 312.

2. Provisions of the federal gift and estate tax statutes are to be construed harmoniously and, where obvious reasons do not compel divergent treatment, identical phrases concerning the same subject matter are to be given identical construction. P. 324 U. S. 313.

142 F.2d 651 affirmed.

Certiorari, 323 U. S. 66, to review the reversal of a judgment of the District Court for the taxpayer, 51 F.Supp. 120, in a suit for a refund of gift taxes.

Page 324 U. S. 309

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