Legal Opinion

Garrett v. Commissioner

United States Board of Tax Appeals

Decided December 2, 1941No. Docket No. 99445Published

Executors paid to the petitioner, as principal beneficiary under her husband's will, amounts within the income of the taxable year Held, on the facts, that the payments are identified as made from income accumulated by the executors from earlier years which the estate had reported in its income tax return and that the amounts received were improperly included by the Commissioner in the petitioner's income for the taxable year.

1Opinion of the Court

ETHEL S. GARRETT (FORMERLY ETHEL S. DARLINGTON), PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Garrett v. Commissioner

Docket No. 99445.

United States Board of Tax Appeals

45 B.T.A. 848; 1941 BTA LEXIS 1061;

December 2, 1941, Promulgated

Executors paid to the petitioner, as principal beneficiary under her husband's will, amounts within the income of the taxable year Held, on the facts, that the payments are identified as made from income accumulated by the executors from earlier years which the estate had reported in its income tax return and that the amounts received were improperly…

2Cases cited1 opinion

  1. Garrett v. CommissionerUnited States Board of Tax Appeals · 1941

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