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.
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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
Frances Marcus (Formerly Frances Blumenthal), Petitioner, v. Commissioner of Internal Revenue, Respondent
Marcus v. Commissioner
Docket No. 35733
United States Tax Court
22 T.C. 824; 1954 U.S. Tax Ct. LEXIS 159;
June 30, 1954, Filed June 30, 1954, Filed
Decision will be entered under Rule 50.
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…
2Cases cited14 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
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