Sohosky v. Commissioner
United States Tax Court
When X died his estate consisted largely of stock of a family corporation. By the terms of his will, his widow received the stock -- "for and during her life, with full power to sell or dispose of all or any part thereof as she may see fit during her lifetime." Some time after X's death, his widow transferred her interest in the stock to her sons (petitioners herein). Held, the sons purchased the entire interest in the stock and not just a life estate therein.
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When X died his estate consisted largely of stock of a family corporation. By the terms of his will, his widow received the stock -- "for and during her life, with full power to sell or dispose of all or any part thereof as she may see fit during her lifetime." Some time after X's death, his widow transferred her interest in the stock to her sons (petitioners herein). Held, the sons purchased the entire interest in the stock and not just a life estate therein. Therefore, as the stock was an intangible asset with an unlimited, or not reasonably ascertainable, useful life, petitioners are not…
1Opinion of the Court
Forrester, Judge:
Respondent has determined income tax deficiencies in docket No. 4162-70 of $2,521.45 and $2,775.15 for the calendar years 1967 and 1968, respectively. Pie has also determined income tax deficiencies in docket No. 4239-70 of $2,651.63, $2,881.04, and $3,024.27 for the calendar years 1966,1967, and 1968, respectively.
The issue presented for our decision is whether petitioners John J. Sohosky, Jr., and Henry Sohosky purchased a wasting interest in certain stock of a closely held corporation so that petitioners would be entitled to deductions in respect of the gradual exhaustion…
2Cases cited21 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Estate of Christ v. Comm'rUnited States Tax Court · 1970
- Housman v. LewellenSupreme Court of Missouri · 1951
- Garland v. SmithSupreme Court of Missouri · 1901
- Burnet v. BurnetSupreme Court of Missouri · 1912
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gordon v. CommissionerUnited States Tax Court · 1985
- Henry W. Sohosky v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1973
- Gordon v. CommissionerUnited States Tax Court · 1985
- Kuhn v. United StatesDistrict Court, S.D. Texas · 1975
- Sohosky v. CommissionerUnited States Tax Court · 1971