Van Aken v. Commissioner
United States Board of Tax Appeals
1. DOWER RIGHTS - INSTRUMENT PROVIDING FOR TRANSFER, CONSTRUED. - Petitioner's husband died testate November 18, 1930. In his will the husband made certain provisions for petitioner, in lieu of dower. Petitioner filed a dissent to the will and thereby became endowed of a life estate in one-half of her deceased husband's realty located in Alabama.
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1. DOWER RIGHTS - INSTRUMENT PROVIDING FOR TRANSFER, CONSTRUED. - Petitioner's husband died testate November 18, 1930. In his will the husband made certain provisions for petitioner, in lieu of dower. Petitioner filed a dissent to the will and thereby became endowed of a life estate in one-half of her deceased husband's realty located in Alabama. Subsequently, petitioner entered into an agreement with the testamentary trustee, pursuant to which she conveyed to the trustee by quitclaim deed all of her right, title, and interest in the dower lands, subject to the provision that the trustee…
1Opinion of the Court
*157OPINION.
Hill:
The first issue in this case involves the question whether petitioner is taxable upon her distributable share of the net operating income derived in the taxable years from the so-called dower lands. Petitioner contends that the principal agreement of July 16, 1931, entered into between her and the testamentary trustee, did not create a trust, but effected a sale of her life estate in the dower lands for a consideration payable partly in installments, and that since the aggregate amount received in the taxable years did not exceed the basis of üie property rights sold, no part of…
2Cases cited7 opinions
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Colton v. ColtonSupreme Court of the United States · 1888
- Seymour v. FreerSupreme Court of the United States · 1869
- Helvering v. StokesSupreme Court of the United States · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Turner v. CommissionerUnited States Tax Court · 1968
- Lazarus v. CommissionerUnited States Tax Court · 1972
- Sheaffer v. CommissionerUnited States Tax Court · 1961
- Lazarus v. CommissionerUnited States Tax Court · 1972
- Sheaffer v. CommissionerUnited States Tax Court · 1961
2 more not listed; retrieve them via the Exa API.