Stephenson v. Commissioner
United States Board of Tax Appeals
1. Where in the State of Texas decedent died January 19, 1929, and left a will bequeathing and devising to his wife all of his property and appointing her independent executrix without bond and directing that no action should be had in any court except to probate the will and return an inventory appraisement and list of claims of the estate, and the executrix duly qualified under the laws of the state, and at the time of decedent's death there were certain lawsuits pending…
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1. Where in the State of Texas decedent died January 19, 1929, and left a will bequeathing and devising to his wife all of his property and appointing her independent executrix without bond and directing that no action should be had in any court except to probate the will and return an inventory appraisement and list of claims of the estate, and the executrix duly qualified under the laws of the state, and at the time of decedent's death there were certain lawsuits pending against him which were not concluded until subsequent years and there were other claims against the estate to be settled,…
1Opinion of the Court
*256OPINION.
Black :
Petitioner’s only contention is that the respondent erred in adding to her net income the above described net amount of $55,328.01. She contends that the three items of income and the deduction making up this net amount were the income and deduction of the estate of L. L. Stephenson, deceased, and were correctly reported by petitioner as independent executrix on the fiduciary return, form 1041.
The respondent’s position is contained in the opening statement and oral argument of his counsel, made in place of a brief. In his opening statement counsel said:
Of course, it is our…
2Cases cited4 opinions
- Wickwire v. ReineckeSupreme Court of the United States · 1927
- Parks v. KnoxCourt of Appeals of Texas · 1910
- Todd v. WillisTexas Supreme Court · 1886
- Stevenson v. RobertsCourt of Appeals of Texas · 1901
3Cited by4 opinions
- Wylie v. United StatesDistrict Court, N.D. Texas · 1968
- Estate of Luby v. CommissionerUnited States Tax Court · 1943
- Kirsch v. CommissionerUnited States Tax Court · 1985
- Stephenson v. CommissionerUnited States Board of Tax Appeals · 1935