Zellerbach v. Commissioner
United States Tax Court
Under the will of decedent, who died in August 1941, after certain specific bequests, the residue was bequeathed and devised three-sixths to his widow and one-sixth to each of his three children. The will contained no direction as to the payment of the income of the estate during its administration.
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Under the will of decedent, who died in August 1941, after certain specific bequests, the residue was bequeathed and devised three-sixths to his widow and one-sixth to each of his three children. The will contained no direction as to the payment of the income of the estate during its administration. Under California law the entire estate was subject to the possession of the executors and to the control of the probate court for purposes of administration, sale, and disposition as provided by law and chargeable with the expenses of administration and payment of debts. Upon petition of the…
1Opinion of the Court
OPINION.
Van Fossan, Judge-.
The respondent contends that the executors under the will of Isadore Zellerbach were not required to distribute to the beneficiaries any of the income of the estate during 1942 and 1943 and that, therefore, only so much of the income as was actually distributed constituted a deduction under the provisions of section 162, Internal Revenue Code.
The petitioners contend that the estate is entitled, under section 162 (b) and (c),1 to a deduction of the full amount of its 1942 and 1943 income. They argue that the will provides for the distribution of three-sixths of the…
2Cases cited10 opinions
- Irwin v. GavitSupreme Court of the United States · 1925
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Burnet v. WhitehouseSupreme Court of the United States · 1931
- Chick v. CommissionerUnited States Tax Court · 1946
- Estate of PalmCalifornia Court of Appeal · 1945
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Caratan v. CommissionerUnited States Tax Court · 1950
- Roebling v. CommissionerUnited States Tax Court · 1952
- Hill v. CommissionerUnited States Tax Court · 1955
- Jones v. WhittingtonCourt of Appeals for the Tenth Circuit · 1952
- Fossett v. CommissionerUnited States Tax Court · 1954
8 more not listed; retrieve them via the Exa API.