Chick v. Commissioner
United States Tax Court
1. The father of petitioners died in 1929, leaving a will in which he named petitioner William C. Chick as executor and also trustee of several trusts set up in the will, including one of the residue of the estate. The will was probated in 1929 and Chick qualified soon thereafter as executor and trustee. The two petitioners are equal beneficiaries of the trust comprising the residue of decedent's estate.
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1. The father of petitioners died in 1929, leaving a will in which he named petitioner William C. Chick as executor and also trustee of several trusts set up in the will, including one of the residue of the estate. The will was probated in 1929 and Chick qualified soon thereafter as executor and trustee. The two petitioners are equal beneficiaries of the trust comprising the residue of decedent's estate. In 1937 the last remaining claim against the estate was settled and closed and all the other trusts except the one of the residue of the estate had been set up. The Commissioner in 1940…
1Opinion of the Court
OPINION.
Black, Judge:
The respondent concedes that the property has never been transferred from the executor to the trustee; that the executor has never filed his final account with the probate court; and that there has been no distribution of the income in question to the petitioners. However, he takes the position that there was actually no estate in process of administration; that the administration of the estate had been completed prior to the taxable year; that there was no necessity for prolonging it; that there remained only the formality of transferring the assets from the executor to…
2Cases cited6 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Armstrong v. CommissionerUnited States Tax Court · 1943
- Pierce Estates, Inc. v. CommissionerUnited States Tax Court · 1944
- Frederich v. CommissionerUnited States Tax Court · 1943
- Mason v. CommissionerUnited States Tax Court · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Williams v. CommissionerUnited States Tax Court · 1951
- Farrier v. CommissionerUnited States Tax Court · 1950
- Chick v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Rand v. CommissionerUnited States Tax Court · 1961
- Commissioner of Internal Revenue v. Goldberger's Estate. Trounstine v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1954
40 more not listed; retrieve them via the Exa API.