Legal Opinion

Harter Bank v. Commissioner

United States Board of Tax Appeals

Decided January 25, 1934No. Docket No. 53525Published

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

GEORGE D. HARTER BANK, EXECUTOR OF THE LAST WILL OF H. H. INK, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Harter Bank v. Commissioner

Docket No. 53525.

United States Board of Tax Appeals

29 B.T.A. 926; 1934 BTA LEXIS 1460;

January 25, 1934, Promulgated

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…

2Cases cited2 opinions

  1. Helvering v. ButterworthSupreme Court of the United States · 1933
  2. Harter Bank v. CommissionerUnited States Board of Tax Appeals · 1934

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