Legal Opinion

Littauer v. Commissioner

United States Board of Tax Appeals

Decided December 31, 1931No. Docket No. 51858PublishedCited by 13 opinions

1. At the time of his death decedent owned securities on deposit in banks in France and England. After decedent's death one of the executors went to those countries to obtain possession of said securities. The banks refused to turn the securities over to the executor until certain death taxes claimed by the French Government, and inland revenue dues claimed by the British Government, were first paid.

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1. At the time of his death decedent owned securities on deposit in banks in France and England. After decedent's death one of the executors went to those countries to obtain possession of said securities. The banks refused to turn the securities over to the executor until certain death taxes claimed by the French Government, and inland revenue dues claimed by the British Government, were first paid. The executors paid the said taxes out of moneys forming part of the estate in the United States, and the securities thereby were brought into the administration of the estate in this country.…

1Opinion of the Court

*23OPINION.

Tkammell :

In the pleadings the petitioners set forth nine assignments of error, upon the basis of which it is asserted that the respondent determined the deficiency in controversy. These alleged errors will be considered in the order stated in the petition.

1. The petitioners allege that the respondent erred in including in the gross estate 1,550 shares of stock in the Fonda Glove Lining Company at $60 per share instead of $50 per share, as returned by the executors. At the hearing respondent conceded the contention of the petitioners on this issue, and we have accordingly found that…

2Cases cited2 opinions

  1. Frick v. PennsylvaniaSupreme Court of the United States · 1925
  2. United States v. BennettSupreme Court of the United States · 1914

3Cited by13 opinions

  1. Gaddy v. CommissionerUnited States Tax Court · 1962
  2. Redding v. CommissionerUnited States Tax Court · 1979
  3. Estate of Saia v. CommissionerUnited States Tax Court · 1974
  4. Smith v. United StatesDistrict Court, D. Massachusetts · 1936
  5. Allen v. CommissionerUnited States Tax Court · 1979

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