Legal Opinion

Blackburn's Estate v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided March 2, 1950No. 12694_1PublishedCited by 14 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

By its petition for review, taxpayer, the Estate of Catherine Cox Blackburn, deceased, brings here for decision two questions determined against it in the Tax Court.

One of these is whether, during the period of administration, the estate is taxable on one-half, as contended by taxpayer, or the whole, as determined by the commissioner, of the income from property and a business which the deceased and her husband, residents of Texas, had owned in community, and the husband, after her death, continued to manage.

The other is whether, during that same period, the estate is…

2Cases cited5 opinions

  1. Stone v. JacksonTexas Supreme Court · 1919
  2. Moody v. SmootTexas Supreme Court · 1890
  3. Henderson's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1946
  4. Lovejoy v. CockrellTexas Commission of Appeals · 1933
  5. Barbour v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1937

3Cited by14 opinions

  1. Lawrence v. CommissionerUnited States Tax Court · 1957
  2. United States v. MerrillCourt of Appeals for the Ninth Circuit · 1954
  3. Sneed v. CommissionerUnited States Tax Court · 1952
  4. Sneed v. CommissionerCourt of Appeals for the Fifth Circuit · 1955
  5. Grimm v. CommissionerUnited States Tax Court · 1987

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