Frederich v. Commissioner
United States Tax Court
A partner died in January 1934. His debts were paid off within about a year. Due to business considerations, the surviving partner and the other heirs agreed to continue the estate in the partnership. On December 21, 1938, the surviving partner was appointed administrator. In October 1941 and February 1942 he was authorized by the Probate Court to continue the business.
Read the full summary
A partner died in January 1934. His debts were paid off within about a year. Due to business considerations, the surviving partner and the other heirs agreed to continue the estate in the partnership. On December 21, 1938, the surviving partner was appointed administrator. In October 1941 and February 1942 he was authorized by the Probate Court to continue the business. The court's orders recite agreement between the heirs for continuation of the partnership; that the present status of the estate is determined; and that management thereof by the heirs, and later by the administrator, is…
1Opinion of the Court
OPINION.
Disney, Judge:
Prior to the death intestate on January 6,1934, of Hetman Frederich, the partnership conducting the business of Fred-erich’s Market was owned-in equal shares by the decedent and his brother Walter. Income tax returns were filed for the taxable years for the estate of the decedent in which a 50 percent share of the profits of the business was reported upon the ground that the estate* was a partner. In his determination of the deficiencies, respondent found that the estate of the decedent was not in process of administration during the taxable years, and, accordingly, that…
2Cases cited6 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Lyeth v. HoeySupreme Court of the United States · 1938
- Freuler v. HelveringSupreme Court of the United States · 1934
- Helvering v. R. J. Reynolds Tobacco Co.Supreme Court of the United States · 1939
- Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Chick v. CommissionerUnited States Tax Court · 1946
- Farrier v. CommissionerUnited States Tax Court · 1950
- Maxcy v. CommissionerUnited States Tax Court · 1973
- Pierce Estates, Inc. v. CommissionerUnited States Tax Court · 1944
- McVeigh v. CommissionerUnited States Tax Court · 1944
15 more not listed; retrieve them via the Exa API.