Durkheimer v. Commissioner
United States Board of Tax Appeals
Where the will of a decedent makes no provision that the income shall be paid currently to the residuary legatee and the residuary legatee receives the residue of the estate upon the completion of the administration, he is not liable to income tax in respect of any portion of the amount received by him as residuary legatee.
1Opinion of the Court
S. F. DURKHEIMER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Durkheimer v. Commissioner
Docket No. 95209.
United States Board of Tax Appeals
41 B.T.A. 585; 1940 BTA LEXIS 1164;
March 19, 1940, Promulgated
Where the will of a decedent makes no provision that the income shall be paid currently to the residuary legatee and the residuary legatee receives the residue of the estate upon the completion of the administration, he is not liable to income tax in respect of any portion of the amount received by him as residuary legatee.
Herbert L. Swett, Esq., and R. R. Morris, Esq., for the…
2Cases cited1 opinion
- Durkheimer v. CommissionerUnited States Board of Tax Appeals · 1940