Werbelovsky v. Commissioner
United States Tax Court
In computing the amount of executors' commissions for purposes of the deduction allowed under section 812 (b), I. R. C., a question arises whether the value of stock which was bequeathed by the decedent under his will may be included in the value of the estate which is the basis for the computation of the executors' commissions under section 285 of the New York Surrogate's Court Act.
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In computing the amount of executors' commissions for purposes of the deduction allowed under section 812 (b), I. R. C., a question arises whether the value of stock which was bequeathed by the decedent under his will may be included in the value of the estate which is the basis for the computation of the executors' commissions under section 285 of the New York Surrogate's Court Act. Held, that, since the bequest of the stock constitutes a "specific legacy" under New York law, upon which executors' commissions are withheld under the above act, the amount of the executors' commissions to be…
1Opinion of the Court
Estate of Abraham Werbelovsky, Samuel Small, Rose Small and Everett Stein, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Werbelovsky v. Commissioner
Docket No. 10363
United States Tax Court
11 T.C. 525; 1948 U.S. Tax Ct. LEXIS 68;
September 30, 1948, Promulgated
Decision will be entered under Rule 50.
In computing the amount of executors' commissions for purposes of the deduction allowed under section 812 (b), I. R. C., a question arises whether the value of stock which was bequeathed by the decedent under his will may be included in the value of the estate which is the…
2Cases cited6 opinions
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
- Davis v. . CrandallNew York Court of Appeals · 1886
- Smith v. . SmithSupreme Court of North Carolina · 1926
- Werbelovsky v. CommissionerUnited States Tax Court · 1947
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