Legal Opinion

Howe v. Commissioner

United States Tax Court

Decided June 29, 1951No. Docket No. 21670Published

Net worth of decedent's business which passed at his death to an employee pursuant to an agreement for the latter's compensation, held accruable by decedent as a business expense deduction, since it did not accrue "only by reason of" his death under section 43, Internal Revenue Code.

1Opinion of the Court

Estate of George E. Howe, Deceased, J. C. Netz, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Howe v. Commissioner

Docket No. 21670

United States Tax Court

16 T.C. 1493; 1951 U.S. Tax Ct. LEXIS 144;

June 29, 1951, Promulgated

Decision will be entered under Rule 50.

Net worth of decedent's business which passed at his death to an employee pursuant to an agreement for the latter's compensation, held accruable by decedent as a business expense deduction, since it did not accrue "only by reason of" his death under section 43, Internal Revenue Code.

Harrison Harkins, Esq., for the…

2Cases cited7 opinions

  1. Lucas v. Ox Fibre Brush Co.Supreme Court of the United States · 1930
  2. Klein v. United StatesSupreme Court of the United States · 1931
  3. Helvering v. Estate of EnrightSupreme Court of the United States · 1941
  4. United States v. Ogilvie Hardware Co.Supreme Court of the United States · 1947
  5. Estate of HoweCalifornia Supreme Court · 1948

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