Nemser v. Commissioner
United States Tax Court
Held, the phrase "beneficiaries succeeding to the property of the estate or trust," as used in sec. 642(h), I.R.C. 1954, does not include a purchaser of an interest in a testamentary trust.
1Opinion of the Court
OPINION
Featherston, Judge:
Respondent determined a deficiency of $6,782.32 in petitioners’ 1968 Federal income tax. The parties have stipulated that the issue for decision is whether petitioner Alan Nemser is a beneficiary succeeding to the property of a trust within the meaning of section 642(h)(2)1 so as to entitle him to take as a deduction against his personal income his pro rata share of the unused deductions in the terminal year of the trust.
The facts are all stipulated.
Petitioners Alan Nemser and Selma W. Nemser were legal residents of Merrick, N.Y., at the time their petition herein…
2Cases cited2 opinions
- Neave v. CommissionerUnited States Tax Court · 1952
- Sletteland v. CommissionerUnited States Tax Court · 1965
3Cited by4 opinions
- Estate of O'Connor v. CommissionerUnited States Tax Court · 1977
- Estate of O'Connor v. CommissionerUnited States Tax Court · 1977
- Kirsch v. CommissionerUnited States Tax Court · 1985
- Nemser v. CommissionerUnited States Tax Court · 1976