Bostick v. Commissioner
United States Board of Tax Appeals
Where in the State of Texas a husband attempts to dispose of all the community by will and the wife elects to take under the will, she becomes a beneficiary within the meaning of the Revenue Act of 1928, secs. 161 and 162, and the trustee is entitled to deduct from the income of the trust the income paid to her, as beneficiary, during the taxable year.
1Opinion of the Court
OPINION.
Adams:
The respondent determined a deficiency in income tax against the petitioner for the year 1930 in the amount of $412.68. It is alleged that the respondent erred (a) in including in the income of petitioner the amount paid Ida H. Byers during the taxable year; (b) in capitalizing the commissions and attorney fees paid in securing a 99-year lease on property owned by the trust. No evidence was offered on this latter issue and the action of the respondent must be affirmed thereon. The case was submitted on oral evidence and a stipulation of facts.
A. T. Byers died in Tarrant County,…
2Cases cited6 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Packard v. De MirandaCourt of Appeals of Texas · 1912
- Slavin v. GreeverCourt of Appeals of Texas · 1919
- Lee v. McFarlandCourt of Appeals of Texas · 1898
- Caddell v. Lufkin Land & Lumber Co.Court of Appeals of Texas · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bostick v. CommissionerUnited States Board of Tax Appeals · 1934