Townsend v. Commissioner
United States Tax Court
Gross Income -- Gift -- Payable at Intervals -- Income From Property -- Section 22 (b) (3). -- Monthly payments to be made to a widow from the estate of her deceased husband, regardless of the availability of income, pursuant to a prenuptial agreement and will of the husband, constitute a gift, bequest, or devise of income from property within section 22 (b) (3) of the code to the extent that such payments were in fact made out of income from the property held by the estate.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined a deficiency in income tax of $1,183.82 against Alice M. Townsend for 1943. The only issue is whether $3,600 received by her in 1942 and in 1943 from the estate of her deceased husband pursuant to a prenuptial agreement is taxable to her. He also determined deficiencies in income tax for 1942 and 1943 against the estate of W. B. Townsend by denying it the right to deduct the amounts paid Alice. He did that merely as a precaution and concedes that those deficiencies are improper if the amounts are taxable to Alice. The facts have been…
2Cases cited5 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Merrill v. FahsSupreme Court of the United States · 1945
- Burnet v. WhitehouseSupreme Court of the United States · 1931
- Burt v. CommissionerUnited States Tax Court · 1949
3Cited by19 opinions
- Milleg v. CommissionerUnited States Tax Court · 1952
- Copeland v. CommissionerUnited States Tax Court · 1949
- Williams v. CommissionerUnited States Tax Court · 1961
- Harte v. United StatesDistrict Court, S.D. New York · 1957
- Harper v. GrangerDistrict Court, W.D. Pennsylvania · 1951
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