Legal Opinion

Westphal v. Commissioner

United States Tax Court

Decided November 28, 1961No. Docket Nos. 79677, 79678Published

1. Held, on the facts, that payments by a corporation to its former president's widow were not gifts. Estate of Mervin G. Pierpont, 35 T.C. 65 (1960), followed. 2. Held, further, if an estate remains a taxable entity under section 641 of the Internal Revenue Code of 1954, then it has not yet terminated and any taxable year that has already ended is not its last taxable year under section 642(h) of the Internal Revenue Code of 1954.

1Opinion of the Court

Mary C. Westphal, Petitioner, v. Commissioner of Internal Revenue, Respondent. Estate of William R. Westphal, Deceased, Mary C. Westphal and First National Bank of Minneapolis, Coexecutors, and Mary C. Westphal, Petitioners, v. Commissioner of Internal Revenue, Respondent

Westphal v. Commissioner

Docket Nos. 79677, 79678

United States Tax Court

37 T.C. 340; 1961 U.S. Tax Ct. LEXIS 25;

November 28, 1961, Filed

Decisions will be entered for the respondent.

1. Held, on the facts, that payments by a corporation to its former president's widow were not gifts. Estate of Mervin G. Pierpont, 35 T.C. 65…

2Cases cited9 opinions

  1. Commissioner v. DubersteinSupreme Court of the United States · 1960
  2. Commissioner v. LesterSupreme Court of the United States · 1961
  3. United States v. Olympic Radio & Television, Inc.Supreme Court of the United States · 1955
  4. Pierpont v. CommissionerUnited States Tax Court · 1960
  5. Caratan v. CommissionerUnited States Tax Court · 1950

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