Delmar v. Commissioner
United States Tax Court
Secs. 162 (c) and 22 (b) (3), I. R. C. 1939. -- Petitioner in 1951 renounced his wife's will and therefore became entitled to one-half of her estate. The estate contained certain stock which he claimed should be distributed to him in kind. This, which was the principal controversy with the estate, was opposed by the estate and litigation resulted. In the interim the estate received income. No controversy existed as to petitioner's right to one-half of such income.
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Secs. 162 (c) and 22 (b) (3), I. R. C. 1939. -- Petitioner in 1951 renounced his wife's will and therefore became entitled to one-half of her estate. The estate contained certain stock which he claimed should be distributed to him in kind. This, which was the principal controversy with the estate, was opposed by the estate and litigation resulted. In the interim the estate received income. No controversy existed as to petitioner's right to one-half of such income. A settlement agreement resolving controversies with the estate was arrived at in 1951 effecting, so far as petitioner was…
1Opinion of the Court
Eugene C. Delmar, Petitioner, v. Commissioner of Internal Revenue, Respondent
Delmar v. Commissioner
Docket No. 54956
United States Tax Court
25 T.C. 1015; 1956 U.S. Tax Ct. LEXIS 272;
February 6, 1956, Filed
Decision will be entered for the respondent.
Secs. 162 (c) and 22 (b) (3), I. R. C. 1939. -- Petitioner in 1951 renounced his wife's will and therefore became entitled to one-half of her estate. The estate contained certain stock which he claimed should be distributed to him in kind. This, which was the principal controversy with the estate, was opposed by the estate and litigation resulted. In…
2Cases cited4 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Lewis v. SedgwickIllinois Supreme Court · 1906
- Aaron v. CommissionerUnited States Tax Court · 1954
- Delmar v. CommissionerUnited States Tax Court · 1956