Linde v. Commissioner
United States Tax Court
In the year 1944, the estate of petitioner's deceased husband received from cooperatives proceeds from the liquidation of certain of their "wine pools", in which decedent had held interests, and payment of certain sums of money due and owing the decedent on the date of his death.
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In the year 1944, the estate of petitioner's deceased husband received from cooperatives proceeds from the liquidation of certain of their "wine pools", in which decedent had held interests, and payment of certain sums of money due and owing the decedent on the date of his death. The administration of the estate was terminated in 1944. In the same year these amounts were distributed to the petitioner as sole legatee under the decedent's will, and in the year 1945 the cooperatives paid to the petitioner other proceeds from the 1945 liquidation of certain of the wine pools. The total proceeds…
1Opinion of the Court
OPINION.
Hill, Judge:
The first issue presents the question whether “items of gross income in respect of a decedent” taxable under section 126 (a) of the Code can properly be taxed to the petitioner in 1944 where such items as the respondent seeks to tax (set out in our findings of fact above), were received by decedent’s estate in 1944 and currently distributed to the petitioner as sole legatee.
Section 126 (a) and the pertinent regulations thereunder read as follows:
SEC. 126. INCOME IN RESPECT OF DECEDENTS.(a) Inclusion in Gross Incomes—(1) General rule. — The amount of all items of gross…
2Cases cited5 opinions
- Bogardus v. Santa Ana Walnut Growers Assn.California Court of Appeal · 1940
- San Joaquin Valley Poultry Producers' Ass'n v. CommissionerCourt of Appeals for the Ninth Circuit · 1943
- Estate of Huesman v. CommissionerUnited States Tax Court · 1951
- California & Hawaiian Sugar Refining Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1947
- Maley v. CommissionerUnited States Tax Court · 1951
3Cited by17 opinions
- Commissioner of Internal Revenue v. LindeCourt of Appeals for the Ninth Circuit · 1954
- Logan v. CommissionerUnited States Tax Court · 1986
- Estate of Carruth v. CommissionerUnited States Tax Court · 1957
- United States v. EllisDistrict Court, S.D. New York · 1957
- Estate of Robert L. Clymer, Deceased, Edward O. Steely and Doylestown Trust Company, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1955
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