United States Supreme Court Cases & Opinions

U.S. Supreme Court

Griswold v. Helvering, 290 U.S. 56 (1933)

Griswold v. Helvering

No. 38

Argued October 19, 20, 1933

Decided November 6, 1933

290 U.S. 56

Syllabus

1. Section 402 of the Revenue Act of 1921 provides that, in determining the value of the gross estate of a decedent for the purpose of the federal estate tax, there shall be included the value at the time of his death of all property "to the extent of the interest therein held jointly or as tenants by the entirety by the decedent and any other person." Held, the inclusion, in the gross estate of a decedent who died while the provision of this section was in effect, of one-half the value of property held by him and his wife as joint tenants, though the tenancy was created prior to the effective date of the statute, was not a retroactive application of the statute. P. 290 U. S. 58.

2. The cessation at death of decedent's interest in, and control over, half of property held with another as joint tenants presented a proper occasion for the imposition of a tax. Gwinn v. Commissioner, 287 U. S. 224. P. 290 U. S. 58.

62 F.2d 591 affirmed.

Page 290 U. S. 57

Certiorari, 289 U.S. 722, to review a judgment affirming a decision of the Board of Tax Appeals, 23 B.T.A. 635, redetermining a deficiency in estate tax.