Marcus v. Commissioner
United States Tax Court
1. In Louisiana a surviving widow renounced her usufruct. Held, the renunciation was effective for Federal tax purposes from the date of its execution rather than retroactive to the date of her husband's death. 2. A jointly owned business was operated by one of the joint owners.
Read the full summary
1. In Louisiana a surviving widow renounced her usufruct. Held, the renunciation was effective for Federal tax purposes from the date of its execution rather than retroactive to the date of her husband's death. 2. A jointly owned business was operated by one of the joint owners. Held, on the facts, it was not proper to reallocate the business income to provide the operating joint owner with a salary. 3. The income of a business was distributed to the joint owners in the ratio of their proprietary interests. Held, petitioner is taxable on her distributive share.
1Opinion of the Court
OPINION.
Johnson, Judge:
Petitioner’s husband died intestate and under Louisiana law one-half of the community estate passed to petitioner in her own right as the surviving widow in community and the remaining half passed to their minor sons, subject, however, to petitioner’s right as usufructuary in the community property inherited by the children. Approximately five months later petitioner renounced her rights to the usufruct. The first issue is whether petitioner is taxable, during the interim between her husband’s death and her renunciation, on the whole income from the businesses, as…
2Cases cited13 opinions
- Helvering v. HorstSupreme Court of the United States · 1940
- Helvering v. EubankSupreme Court of the United States · 1941
- Succession of MarsalSupreme Court of Louisiana · 1907
- Hardenbergh v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Eighth Circuit · 1952
- Funk v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1950
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bussing v. CommissionerUnited States Tax Court · 1987
- Kern County Electrical Pension Fund v. CommissionerUnited States Tax Court · 1991
- Libman v. CommissionerUnited States Tax Court · 1982
- Linsenmeyer v. CommissionerUnited States Tax Court · 1956
- Manuel v. CommissionerUnited States Tax Court · 1983
5 more not listed; retrieve them via the Exa API.