Legal Opinion

Du Puy v. Commissioner

United States Board of Tax Appeals

Decided July 18, 1935No. Docket No. 75907Published

The petitioner was bequeathed a life estate in her deceased husband's residuary estate and was entitled to "the rents, issues, income and profits thereof accruing during her life." During the taxable year certain securities belonging to the residuary estate were sold at a gain over their value at the time of the testator's death, which gains were due in part to accumulated earnings since the testator's death and in part to enhancement of value.

Read the full summary

The petitioner was bequeathed a life estate in her deceased husband's residuary estate and was entitled to "the rents, issues, income and profits thereof accruing during her life." During the taxable year certain securities belonging to the residuary estate were sold at a gain over their value at the time of the testator's death, which gains were due in part to accumulated earnings since the testator's death and in part to enhancement of value. Held, that the entire amount of such gains representing the difference between the selling price of the securities and their value at the time of the…

1Opinion of the Court

AMY H. DUPUY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Du Puy v. Commissioner

Docket No. 75907.

United States Board of Tax Appeals

32 B.T.A. 969; 1935 BTA LEXIS 862;

July 18, 1935, Promulgated

The petitioner was bequeathed a life estate in her deceased husband's residuary estate and was entitled to "the rents, issues, income and profits thereof accruing during her life." During the taxable year certain securities belonging to the residuary estate were sold at a gain over their value at the time of the testator's death, which gains were due in part to accumulated earnings since…

2Cases cited18 opinions

  1. Earp's AppealSupreme Court of Pennsylvania · 1857
  2. Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
  3. McKeown's EstateSupreme Court of Pennsylvania · 1919
  4. Appeal of ReiffSupreme Court of Pennsylvania · 1889
  5. Dickinson's EstateSupreme Court of Pennsylvania · 1925

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API