Breidert v. Commissioner
United States Tax Court
T, executor of his father's will, filed a formal waiver of his right to receive statutory commissions some 14 months after qualifying as executor. On the facts it is determined that he never intended to receive, nor did he in fact ever receive, any such commissions. Further, the estate did not have sufficient liquid assets to pay any such commissions.
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T, executor of his father's will, filed a formal waiver of his right to receive statutory commissions some 14 months after qualifying as executor. On the facts it is determined that he never intended to receive, nor did he in fact ever receive, any such commissions. Further, the estate did not have sufficient liquid assets to pay any such commissions. Held, petitioner may not be charged with having constructively received executor's commissions for income tax purposes, notwithstanding the fact that an estate tax return was filed claiming a deduction for "estimated" executor's fees, and…
1Opinion of the Court
George M. Breidert and Lorraine L. Breidert, Petitioners v. Commissioner of Internal Revenue, Respondent
Breidert v. Commissioner
Docket No. 256-67
United States Tax Court
50 T.C. 844; 1968 U.S. Tax Ct. LEXIS 70;
September 11, 1968, Filed
Decision will be entered for the petitioners.
T, executor of his father's will, filed a formal waiver of his right to receive statutory commissions some 14 months after qualifying as executor. On the facts it is determined that he never intended to receive, nor did he in fact ever receive, any such commissions. Further, the estate did not have sufficient liquid…
2Cases cited9 opinions
- United States v. DavisSupreme Court of the United States · 1962
- Estate of JohnstonCalifornia Supreme Court · 1956
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- United California Bank v. WoodyCalifornia Supreme Court · 1964
- In re Estate of DavisCalifornia Supreme Court · 1884
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