New York Trust Co. v. Commissioner
United States Tax Court
Both petitioners are trustees of assets transferred to them by a decedent who died a resident of Great Britain. Neither was an executor, nor was there any executor or administrator in the United States. Petitioners filed an estate tax return as "executor," as required by section 930, I. R. C. 1939, and paid the tax disclosed on the return. The Commissioner determined a deficiency, and sent his notices to petitioners, describing each of them as "trustee and transferee."
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Both petitioners are trustees of assets transferred to them by a decedent who died a resident of Great Britain. Neither was an executor, nor was there any executor or administrator in the United States. Petitioners filed an estate tax return as "executor," as required by section 930, I. R. C. 1939, and paid the tax disclosed on the return. The Commissioner determined a deficiency, and sent his notices to petitioners, describing each of them as "trustee and transferee." There was in fact no deficiency and the tax had been overpaid. Held, this Court has jurisdiction to determine the overpayment.
1Opinion of the Court
OPINION.
Raum, Judge:
The Commissioner determined that each of the petitioners was liable as trustee and transferee of the property of the estate of Louise Farnam Wilson for a deficiency in estate tax in the amount of $13,522.87; he now concedes‘that there is no deficiency, and it appears that there has been an overpayment. The sole question is whether we have jurisdiction to make a determination of overpayment in these proceedings.1
All of the facts have been stipulated. The decedent, an American citizen, had been domiciled in England until her death on January 21, 1949. Prior to 1934, she had…
2Cases cited3 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Wilson v. CommissionerUnited States Tax Court · 1943
- Continental Oil Co. v. HelveringCourt of Appeals for the D.C. Circuit · 1938
3Cited by8 opinions
- Estate of Eversole v. CommissionerUnited States Tax Court · 1963
- Estate of Gudie v. Comm'rUnited States Tax Court · 2011
- Jacobs v. CommissionerUnited States Tax Court · 1965
- Estate of Eversole v. CommissionerUnited States Tax Court · 1963
- Estate of Gudie v. Comm'rUnited States Tax Court · 2011
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