Legal Opinion

Armstrong v. Commissioner

United States Tax Court

Decided September 23, 1943No. Docket No. 232Published

A will probated in 1923, under the law of Georgia, provided that the testator's wife receive a certain amount of income annually during her life from the income of the estate, or, if necessary, from the corpus, the estate to be divided between certain devisees.

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A will probated in 1923, under the law of Georgia, provided that the testator's wife receive a certain amount of income annually during her life from the income of the estate, or, if necessary, from the corpus, the estate to be divided between certain devisees. The estate was reduced to possession and all debts paid within a year, but the estate had not been closed by the end of the taxable year, 1940. Held, that, under section 163 (a) (1) of the Internal Revenue Code, during the taxable year the executors were in the position of trustees and that the petitioner is a trust and not an estate;…

1Opinion of the Court

Estate of J. P. Armstrong, M. B. Mertz, Georgia C. Armstrong, and William M. Armstrong, Executors, Petitioner, v. Commissioner of Internal Revenue, Respondent

Armstrong v. Commissioner

Docket No. 232

United States Tax Court

2 T.C. 731; 1943 U.S. Tax Ct. LEXIS 63;

September 23, 1943, Promulgated

Decision will be entered for the respondent.

A will probated in 1923, under the law of Georgia, provided that the testator's wife receive a certain amount of income annually during her life from the income of the estate, or, if necessary, from the corpus, the estate to be divided between certain devisees. The…

2Cases cited5 opinions

  1. Burnet v. HarmelSupreme Court of the United States · 1932
  2. Thomas v. OwensSupreme Court of Georgia · 1908
  3. Armstrong v. CommissionerUnited States Tax Court · 1943
  4. Bell v. WatkinsSupreme Court of Georgia · 1898
  5. Hunt v. GowerSupreme Court of South Carolina · 1908

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