Estate of Nail v. Commissioner
United States Tax Court
The decedent owned the surface estate in 20,480 acres of land in West Texas. Held: (1) Under the circumstances of this case, the petitioner cannot subpoena a file of the respondent which contains information concerning an agreement between the respondent and an unrelated taxpayer as to the valuation of property adjacent to the subject property; and (2) the value of the surface estate is $ 40 per acre.
1Opinion of the Court
Simpson, Judge:
The respondent determined a deficiency of $449,-301.65 in the Federal estate tax of the Estate of Chloe A. Nail. Most of the issues have been settled, and the only issue to be decided concerns the valuation of the surface estate in 20,480 acres of land in Shackelford County, Tex.
FINDINGS OF FACT
Some of the facts have been stipulated, and those facts are so found.
The petitioner, J. H. Nail, is the independent executor of the Estate of Chloe A. Nail (the decedent). He maintained his residence in Albany, Tex., at the time the petition was filed in this case. The estate tax return…
2Cases cited6 opinions
- Blair v. Oesterlein MacHine Co.Supreme Court of the United States · 1927
- International Business MacHines Corporation v. The United StatesUnited States Court of Claims · 1965
- Estate of Cora R. Fitts, Deceased, J. Russel Fitts and Frank E. Tyler, Co-Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
- Boeing Airplane Co. v. CoggeshallCourt of Appeals for the D.C. Circuit · 1960
- Harriet T. Righter, of the Estate of Jessie H. Righter v. The United StatesUnited States Court of Claims · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wolfsen Land & Cattle Co. v. CommissionerUnited States Tax Court · 1979
- Casey v. CommissionerUnited States Tax Court · 1973
- Kenroy, Inc. v. CommissionerUnited States Tax Court · 1984
- Kun v. CommissionerCourt of Appeals for the Ninth Circuit · 2005
- Boone v. CommissionerUnited States Tax Court · 1982
5 more not listed; retrieve them via the Exa API.