Legal Opinion

Bostick v. Commissioner

United States Board of Tax Appeals

Decided August 7, 1934No. Docket No. 68382Published

Where in the State of Texas a husband attempts to dispose of all the community by will and the wife elects to take under the will, she becomes a beneficiary within the meaning of the Revenue Act of 1928, secs. 161 and 162, and the trustee is entitled to deduct from the income of the trust the income paid to her, as beneficiary, during the taxable year.

1Opinion of the Court

JOHN BOSTICK, JR., TRUSTEE, A. T. BYERS TRUST, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Bostick v. Commissioner

Docket No. 68382.

United States Board of Tax Appeals

31 B.T.A. 25; 1934 BTA LEXIS 1182;

August 7, 1934, Promulgated

Where in the State of Texas a husband attempts to dispose of all the community by will and the wife elects to take under the will, she becomes a beneficiary within the meaning of the Revenue Act of 1928, secs. 161 and 162, and the trustee is entitled to deduct from the income of the trust the income paid to her, as beneficiary, during the taxable year.

W. M. Short,…

2Cases cited1 opinion

  1. Bostick v. CommissionerUnited States Board of Tax Appeals · 1934

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