Legal Opinion · Dissent

Wolf v. Commissioner

United States Board of Tax Appeals

Decided July 17, 1935No. Docket No. 74670Published

Interest on an undistributed pecuniary legacy, paid out of income of the estate to a legatee widow pursuant to section 21, Pennsylvania Fiduciaries' Act of 1917, held, income taxable to the recipient and not a tax free bequest or allowance for maintenance and support.

1Dissent

Leech,

dissenting: The majority opinion is premised upon two positions. These are: (1) The disputed payment was received by petitioner as “ interest ” and was, therefore, taxable as such, within section 22 (a) of the Eevenue Act of 1928, and, (2) if not received as “ interest ”, in any event, it was received as income from a bequest and taxable under section 22 (b) (3) of the same act.

In my opinion, neither position is sound.(1) “ Interest ” can not be made such by mere designation. Johnson Locke Mercantile Co. v. Burnet, 51 Fed. (2d) 434. The term has a well recognized meaning in the law.…

2Cases cited7 opinions

  1. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  2. Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
  3. Burnet v. WhitehouseSupreme Court of the United States · 1931
  4. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaSupreme Court of the United States · 1899
  5. Todd's EstateSupreme Court of Pennsylvania · 1912

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