Oldham v. Commissioner
United States Board of Tax Appeals
Pending settlement of a will contest, the court appointed a curator of decedent's estate as provided by West Virginia law. The curator's duties were to conserve the assets of the estate until the executor qualified. Decedent left a large and complicated estate, valued at $2,000,000, and a $25,000 fee was paid the curator for services rendered.
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Pending settlement of a will contest, the court appointed a curator of decedent's estate as provided by West Virginia law. The curator's duties were to conserve the assets of the estate until the executor qualified. Decedent left a large and complicated estate, valued at $2,000,000, and a $25,000 fee was paid the curator for services rendered. This fee was allowed as an administrative expense in determining decedent's net estate, but was disallowed as a deduction in determining the income of the estate for 1932, the year in which it was paid. Held, the fee was not an ordinary and necessary…
1Opinion of the Court
GEORGE W. OLDHAM ET AL., EXECUTORS, ESTATE OF JAMES L. HAWLEY, DECEASED, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Oldham v. Commissioner
Docket No. 79699.
United States Board of Tax Appeals
36 B.T.A. 523; 1937 BTA LEXIS 695;
September 17, 1937, Promulgated
Pending settlement of a will contest, the court appointed a curator of decedent's estate as provided by West Virginia law. The curator's duties were to conserve the assets of the estate until the executor qualified. Decedent left a large and complicated estate, valued at $2,000,000, and a $25,000 fee was paid the curator for…
2Cases cited11 opinions
- Sparrow v. CommissionerUnited States Board of Tax Appeals · 1929
- Loetscher v. CommissionerUnited States Board of Tax Appeals · 1928
- Ayer v. CommissionerUnited States Board of Tax Appeals · 1932
- Bronson v. CommissionerUnited States Board of Tax Appeals · 1927
- Grandin v. CommissionerUnited States Board of Tax Appeals · 1929
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