Riker v. Commissioner of Internal Revenue

(after stating the facts as above).

No one does, or could, consider the $33,-, 000 as anything’ but income to the estate. We, agree that the estate was not bound to pay any of this income to Harmon W. Hendricks before final settlement. Notwithstanding this, it did in fact pay the above sum out of its income to him in 1923, and there is nothing to indicate in the slightest that this was not a perfectly proper thing to do in' the discretion of those in charge of the estate. Presumably it was done Under some order of distribution, but at any rate, for reasons unknown, and now immaterial anyway,…