Legal Opinion

Larkin v. Commissioner

United States Tax Court

Decided August 5, 1949No. Docket No. 15816Published

Executor's commissions, although neither awarded by decree nor paid, held, deductible from gross estate, the amount claimed being a reasonable estimate of the amount allowable by the laws of the jurisdiction in which the estate is being administered.

1Opinion of the Court

Estate of Alice K. Larkin, Deceased, George A. Larkin, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Larkin v. Commissioner

Docket No. 15816

United States Tax Court

13 T.C. 173; 1949 U.S. Tax Ct. LEXIS 116;

August 5, 1949, Promulgated

Decision will be entered under Rule 50.

Executor's commissions, although neither awarded by decree nor paid, held, deductible from gross estate, the amount claimed being a reasonable estimate of the amount allowable by the laws of the jurisdiction in which the estate is being administered.

G. Sydney Shane, Esq., for the petitioner.

Sheldon V.…

2Cases cited17 opinions

  1. Johnson v. . LawrenceNew York Court of Appeals · 1884
  2. In Re the Accounting of ZieglerNew York Court of Appeals · 1916
  3. In re the Estate of WitkindNew York Surrogate's Court · 1938
  4. Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
  5. In re the Estate of MohrNew York Surrogate's Court · 1938

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