Findlay v. Commissioner
United States Tax Court
Decedent, who had solicited insurance for a British firm on a commission basis, executed an agreement in 1936 providing for the payment of commissions after his death in designated amounts and for a limited period.
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Decedent, who had solicited insurance for a British firm on a commission basis, executed an agreement in 1936 providing for the payment of commissions after his death in designated amounts and for a limited period. He bequeathed one-half of the commission payments to petitioner, who was divorced from decedent in 1948. Decedent died in 1951, and petitioner agreed in 1952 and 1953 to accept $ 150,000 in full settlement of her claim, and also agreed to a reduction in her payments for a portion of amounts required to pay British death duty. Petitioner received $ 50,000 from the British insurance…
1Opinion of the Court
MtjlRONEy, Judge:
The respondent determined deficiencies in the petitioner’s income tax for the years 1953 through 1956 as follows:
Docket Ho. 87262
Year Deficiency
1953 -$6,744.05
1954 _ 6, 590. 52
1955 _ 22, 777.20
Docket No. S0418
Year Deficiency
1956 _$8, 384. 00
The issues in these consolidated cases are (1) whether the years 1953, 1954, and 1955 are barred by the statute of limitations; (2) whether a purported accord and satisfaction in 1957 prevents respondent from making further adjustments in petitioner’s income taxes in the years 1953, 1954, and 1955; (3) whether certain amounts received by…
2Cases cited17 opinions
- Auerbach Shoe Co. v. CommissionerUnited States Tax Court · 1953
- Auerbach Shoe Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1954
- Joyce v. GentschCourt of Appeals for the Sixth Circuit · 1944
- Silverman v. CommissionerUnited States Tax Court · 1957
- Stern Bros. & Co. v. BurnetCourt of Appeals for the Eighth Circuit · 1931
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
- Rodriguez v. United StatesDistrict Court, N.D. Illinois · 1986
- Helen Rich Findlay v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1964
- Estate of Kincaid v. CommissionerUnited States Tax Court · 1985
- Wright v. CommissionerUnited States Tax Court · 1962
14 more not listed; retrieve them via the Exa API.