Botts v. Commissioner
United States Board of Tax Appeals
James M. Botts died in 1934. After his death his widow filed a joint return including their income and deductions for the year 1933. The return was accepted and audited by the Commissioner and formed the basis of a notice of deficiency. The executor of Botts' estate caused his will to be probated and included in the estate 1,749 shares of stock which had been issued to decedent and his wife as joint tenants with right of survivorship.
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James M. Botts died in 1934. After his death his widow filed a joint return including their income and deductions for the year 1933. The return was accepted and audited by the Commissioner and formed the basis of a notice of deficiency. The executor of Botts' estate caused his will to be probated and included in the estate 1,749 shares of stock which had been issued to decedent and his wife as joint tenants with right of survivorship. The Probate Court included this stock in decedent's estate and issued a decree of settlement distributing the stock and discharged the executor of the estate of…
1Opinion of the Court
*982OPINION.
Van Fossan:
The only issue for our consideration concerns the liability of petitioners as transferees for income taxes of James M. Botts, deceased, for the year 1933. Petitioners contend that respondent is barred by the statute of limitations. They maintain that, in any event, they received nothing from the estate of James M. Botts and, hence, are not transferees of assets of the deceased. They further claim that our decision fixing the deficiency of the alleged trans-feror was void. Petitioner Parker urges that he was a specific legatee and action against him may not be taken until…
2Cases cited7 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Germantown Trust Co. v. CommissionerSupreme Court of the United States · 1940
- Sharp v. CommissionerSupreme Court of the United States · 1938
- Young v. YoungCalifornia Court of Appeal · 1932
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mysse v. CommissionerUnited States Tax Court · 1972
- Eversole v. CommissionerUnited States Tax Court · 1966
- Alonso v. CommissionerUnited States Tax Court · 1982
- United States v. FisherDistrict Court, E.D. Michigan · 1944
- Alonso v. CommissionerUnited States Tax Court · 1982
5 more not listed; retrieve them via the Exa API.