Legal Opinion

Evans v. Commissioner

United States Board of Tax Appeals

Decided June 4, 1928No. Docket No. 1340Published

The fact that an estate has been administered and the administratrix discharged does not operate to defeat the right of the Government to collect within the statutory period provided by Congress such income tax as may be due upon income received by the decedent prior to his death.

1Opinion of the Court

ELNA S. EVANS, FORMER ADMINISTRATRIX OF THE ESTATE OF J. W. EVANS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Evans v. Commissioner

Docket No. 1340.

United States Board of Tax Appeals

12 B.T.A. 334; 1928 BTA LEXIS 3558;

June 4, 1928, Promulgated

The fact that an estate has been administered and the administratrix discharged does not operate to defeat the right of the Government to collect within the statutory period provided by Congress such income tax as may be due upon income received by the decedent prior to his death.

Garner W. Green, Esq., for the petitioner.

Brice Toole, Esq.,…

2Cases cited8 opinions

  1. Miller v. RobertsonSupreme Court of the United States · 1924
  2. United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
  3. United States v. State Bank of NCSupreme Court of the United States · 1832
  4. Price v. United StatesSupreme Court of the United States · 1926
  5. Pond v. United StatesCourt of Appeals for the Ninth Circuit · 1901

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