Tyree v. Commissioner
United States Tax Court
At the time of his death, August 21, 1946, petitioner's decedent was a member of a Utah partnership. Decedent reported on the basis of the calendar year and the firm on the basis of a fiscal year ending February 28. The partnership agreement provided that upon the death of a partner, the firm could be continued not only for the purpose of winding up the business and liquidating the capital account of the deceased partner, but also for the remainder of the term fixed therein,…
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At the time of his death, August 21, 1946, petitioner's decedent was a member of a Utah partnership. Decedent reported on the basis of the calendar year and the firm on the basis of a fiscal year ending February 28. The partnership agreement provided that upon the death of a partner, the firm could be continued not only for the purpose of winding up the business and liquidating the capital account of the deceased partner, but also for the remainder of the term fixed therein, and upon the terms and conditions set forth therein. Held, the tax year of the partnership did not end with the death…
1Opinion of the Court
Estate of Joseph E. Tyree, Deceased, Wilhelmina C. Tyree, Executrix, Petitioner, v. Commissioner of Internal Revenue, Respondent
Tyree v. Commissioner
Docket No. 43589
United States Tax Court
20 T.C. 675; 1953 U.S. Tax Ct. LEXIS 106;
June 29, 1953, Promulgated
Decision will be entered for the petitioner.
At the time of his death, August 21, 1946, petitioner's decedent was a member of a Utah partnership. Decedent reported on the basis of the calendar year and the firm on the basis of a fiscal year ending February 28. The partnership agreement provided that upon the death of a partner, the firm could…
2Cases cited2 opinions
- Commissioner of Internal Revenue v. Mnookin's EstateCourt of Appeals for the Eighth Circuit · 1950
- Tyree v. CommissionerUnited States Tax Court · 1953