Curtis v. Commissioner
United States Board of Tax Appeals
Executors shortly after the decedent's death decided to adopt, as the annual accounting period for the estate, a fiscal year ending on the last day of the eleventh month following that in which the decedent died. Before the close of that fiscal year regular books of account were prepared and thereafter were regularly kept upon the basis of the fiscal year selected. A return for the fiscal year was timely filed by the executors.
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Executors shortly after the decedent's death decided to adopt, as the annual accounting period for the estate, a fiscal year ending on the last day of the eleventh month following that in which the decedent died. Before the close of that fiscal year regular books of account were prepared and thereafter were regularly kept upon the basis of the fiscal year selected. A return for the fiscal year was timely filed by the executors. Through error one of the executors filed a return for the period from the date of the decedent's death to the end of the calendar year. The Commissioner prepared a…
1Opinion of the Court
*903OPINION.
Murdock:
Section 23 (c) of the Revenue Act of 1932 allowed the estate of a deceased person, in computing its income tax liability, to deduct estate, inheritance, legacy, and succession taxes. The Revenue Act of 1934 changed this provision and allowed no such deduction. See section 23 (c) (3) of the Revenue Act of 1934. The Revenue Act of 1934 applies “only to taxable years beginning after December 31,1933” and does not affect taxes “for taxable years beginning prior to January 1, 1934”, except as it amends prior acts. See section 1 of the Revenue Act of 1934. The estate, which is the…
2Cited by8 opinions
- Barber v. CommissionerUnited States Tax Court · 1975
- Maclean v. CommissionerUnited States Tax Court · 1980
- Schall & Co. v. United StatesDistrict Court, S.D. New York · 1954
- Barber v. CommissionerUnited States Tax Court · 1975
- Clay v. CommissionerUnited States Board of Tax Appeals · 1939
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