Legal Opinion

Cohen v. Commissioner

United States Tax Court

Decided April 8, 1947No. Docket No. 7112Published

Under the facts, held, that income from decedent's estate was taxable to the estate because such income did not become payable to the legatees under section 162 (b), Internal Revenue Code, nor was the income properly paid or credited to the legatees under section 162 (c) during the taxable year; held, further, that income received by the estate during administration from real estate subject to administration is taxable to the estate, notwithstanding that title to the real…

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Under the facts, held, that income from decedent's estate was taxable to the estate because such income did not become payable to the legatees under section 162 (b), Internal Revenue Code, nor was the income properly paid or credited to the legatees under section 162 (c) during the taxable year; held, further, that income received by the estate during administration from real estate subject to administration is taxable to the estate, notwithstanding that title to the real estate under local law was vested in the devisees.

1Opinion of the Court

Estate of B. Brasley Cohen, Deceased, William F. Cole and Paula C. Lubic, Co-administrators, and William F. Cole, Paula C. Lubic, Carol Louise Lubic, William F. Cole as Guardian of the Estate of Betty Lou Cole, a Minor, Paula C. Lubic as Guardian of the Estate of Arthur Meyran Lubic, a Minor, as Distributees of the Estate of B. Brasley Cohen, Deceased, Petitioners, v. Commissioner of Internal Revenue, Respondent

Cohen v. Commissioner

Docket No. 7112

United States Tax Court

8 T.C. 784; 1947 U.S. Tax Ct. LEXIS 234;

April 8, 1947, Promulgated

Decision will be entered for respondent.

Under the facts,…

2Cases cited4 opinions

  1. Cohen v. CommissionerUnited States Tax Court · 1947
  2. Igoe v. CommissionerUnited States Tax Court · 1946
  3. Coann v. . CulverNew York Court of Appeals · 1907
  4. In Re the Accounting of ClearyNew York Court of Appeals · 1929

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