Harter Bank v. Commissioner
United States Board of Tax Appeals
DEDUCTIONS - PAYMENTS MADE BY TRUSTEES UNDER A WILL, OF ANNUITY TO A WIDOW WHO ELECTED TO TAKE UNDER THE WILL IN LIEU OF DOWER RIGHTS, NOT DEDUCTIBLE FROM TRUST INCOME. - Where the decedent in his will directed the trustees of his estate to pay his widow an annuity of $24,000 per year and made such annuity a specific charge against property belonging to his estate and the widow elected to take under the will in lieu of the interest allowed her in decedent's estate by the…
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DEDUCTIONS - PAYMENTS MADE BY TRUSTEES UNDER A WILL, OF ANNUITY TO A WIDOW WHO ELECTED TO TAKE UNDER THE WILL IN LIEU OF DOWER RIGHTS, NOT DEDUCTIBLE FROM TRUST INCOME. - Where the decedent in his will directed the trustees of his estate to pay his widow an annuity of $24,000 per year and made such annuity a specific charge against property belonging to his estate and the widow elected to take under the will in lieu of the interest allowed her in decedent's estate by the laws of Ohio, held, that the sums distributed by the trustees to the widow in payment of such annuity are not deductible…
1Opinion of the Court
*927OPINION.
Black :
On March 16,1933, division report in this proceeding was promulgated (27 B.T.A. 941), in which the Board held against petitioner, following Julia Butterworth, 23 B.T.A. 838; Frank Pardee et al., Trustees, 23 B.T.A. 846. On March 18, 1933, decision was entered that there is a deficiency of $3,266.96 for the year 1928. On March 24, 1933, petitioner filed a motion for rehearing. On April 11, 1933, the Board entered an order reading in part as follows:
In view of the conflict between the decisions cited by the petitioner in his motion for rehearing and the decision of the United…
2Cases cited4 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Burnet v. WhitehouseSupreme Court of the United States · 1931
- Butterworth v. CommissionerUnited States Board of Tax Appeals · 1931
- George D. Harter Bank v. CommissionerUnited States Board of Tax Appeals · 1933
3Cited by2 opinions
- Harter Bank v. CommissionerUnited States Board of Tax Appeals · 1934
- Ink v. CommissionerUnited States Board of Tax Appeals · 1937