Estate of Roberts v. Commissioner
United States Tax Court
At the time of her death, decedent, as the owner of the surface, held certain so-called agency rights in the mineral estate in Texas lands, pursuant to the provisions of the Texas Relinquishment Act. Held, such rights are not a separate interest in property includable in decedent's gross estate under sec. 2033, I.R.C. 1954. Held, further, the amount by which decedent's rights in the surface were enhanced by such so-called agency rights is determined.
1Opinion of the Court
TaNNENwald, Judge:
Respondent determined a deficiency of $45,828.99 in the estate tax of the Estate of Mattie Roberts. The only issue remaining for consideration relates to the includability and value of what will henceforth be referred to as “agency rights” allegedly owned by the decedent at the time of her de'ath.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly.
Mattie Roberts (hereinafter referred to as the decedent) died testate on May 21, 1966, a resident of Alpine, Tex. Ray Roberts (hereinafter referred to as the petitioner) was appointed executor of her…
2Cases cited20 opinions
- Burnet v. LoganSupreme Court of the United States · 1931
- United States v. MitchellSupreme Court of the United States · 1971
- Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
- Texas Co. v. State & Duval County Ranch Co.Texas Supreme Court · 1955
- Greene v. RobisonTexas Supreme Court · 1928
15 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Adams v. CommissionerUnited States Tax Court · 1978
- Adams v. CommissionerUnited States Tax Court · 1978
- Estate of Roberts v. CommissionerUnited States Tax Court · 1972
- Morton v. CommissionerUnited States Tax Court · 1979