Breidert v. Commissioner
United States Tax Court
T, executor of his father's will, filed a formal waiver of his right to receive statutory commissions some 14 months after qualifying as executor. On the facts it is determined that he never intended to receive, nor did he in fact ever receive, any such commissions. Further, the estate did not have sufficient liquid assets to pay any such commissions.
Read the full summary
T, executor of his father's will, filed a formal waiver of his right to receive statutory commissions some 14 months after qualifying as executor. On the facts it is determined that he never intended to receive, nor did he in fact ever receive, any such commissions. Further, the estate did not have sufficient liquid assets to pay any such commissions. Held, petitioner may not be charged with having constructively received executor's commissions for income tax purposes, notwithstanding the fact that an estate tax return was filed claiming a deduction for "estimated" executor's fees, and…
1Opinion of the Court
OPINION
Raum, Judge:
Petitioner was appointed executor under tbe will of George C. Breidert, bis father, on January 11,1962, and served in tbat capacity until tbe approval of Ms final account and the decree of final distribution by tbe Superior Court of California for tbe County of Los Angeles on or about April 17,1963. No provision was made in tbe will for executor’s fees or commissions, but under California law, petitioner was entitled to compensation for Ms services as executor according to a statutory schedule. Cal. Prob. Code sec. 901 (West Supp. 1967). Although the attorney for the…
2Cases cited8 opinions
- United States v. DavisSupreme Court of the United States · 1962
- Estate of JohnstonCalifornia Supreme Court · 1956
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- United California Bank v. WoodyCalifornia Supreme Court · 1964
- In re Estate of DavisCalifornia Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Breidert v. CommissionerUnited States Tax Court · 1968
- O'Connell v. CommissionerUnited States Tax Court · 1980