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COMMISSIONER v. DUBERSTEIN

No. 376.

363 U.S. 278 (1960)

80 S.Ct. 1190

4 L.Ed.2d 1218

COMMISSIONER OF INTERNAL REVENUE v. DUBERSTEIN ET UX.

Supreme Court of United States.

Decided June 13, 1960.

Attorney(s) appearing for the Case

Philip Elman argued the cause for petitioner in No. 376. On the brief were Solicitor General Rankin, Assistant Attorney General Rice and Wayne G. Barnett.

Clendon H. Lee argued the cause for petitioners in No. 546. With him on the brief were John C. Farber, William F. Snyder and Theodore Q. Childs.

Sidney G. Kusworm argued the cause and filed a brief for respondents in No. 376.

Wayne G. Barnett argued the cause for the United States in No. 546. With him on the brief were Solicitor General Rankin and Assistant Attorney General Rice.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

These two cases concern the provision of the Internal Revenue Code which excludes from the gross income of an income taxpayer "the value of property acquired by gift."1 They pose the frequently recurrent question whether a specific transfer to a taxpayer in fact amounted to a "gift" to him within the meaning of the statute. The importance...

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