Downe v. Commissioner
United States Tax Court
On the facts, held that the decedent's estate should be valued as of the date of his death because the estate tax return was not timely filed and therefore the petitioner, executrix of decedent's estate, was precluded from valuing the estate as of a date one year after decedent's death under section 302 (j) of the Revenue Act of 1926 as added by section 202 (a) of the Revenue Act of 1935. Held, further, that neither of the corpora of two trusts, one created by petitioner's…
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On the facts, held that the decedent's estate should be valued as of the date of his death because the estate tax return was not timely filed and therefore the petitioner, executrix of decedent's estate, was precluded from valuing the estate as of a date one year after decedent's death under section 302 (j) of the Revenue Act of 1926 as added by section 202 (a) of the Revenue Act of 1935. Held, further, that neither of the corpora of two trusts, one created by petitioner's decedent and the other by decedent's wife, should be included in the valuation of decedent's estate.
1Opinion of the Court
OPINION.
Tyson, Judge:
The respondent valued the property of decedent’s gross estate as of the date of decedent’s death “since the return was not filed within fifteen months after the date of death” and contends that he was right in doing so. The date of death was December 8, 1938, and the only evidence submitted as to the time of filing of the estate tax return was the stipulation that it “was mailed to the Collector of Internal Revenue, 21st District, Syracuse, New York on Friday, March 8, 1940 (not a legal holiday) and was stamped received by said Collector on March 9', 1940.”
Under section…
2Cases cited7 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. City Bank Farmers Trust Co.Supreme Court of the United States · 1935
- Bradley v. CommissionerUnited States Tax Court · 1943
- Houghton v. CommissionerUnited States Tax Court · 1943
- Goodyear v. CommissionerUnited States Tax Court · 1943
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Estate of Gardner v. CommissionerUnited States Tax Court · 1984
- Frances Biddle Trust v. CommissionerUnited States Tax Court · 1944
- King v. CommissionerUnited States Tax Court · 1962
- Hall v. CommissionerUnited States Tax Court · 1946
31 more not listed; retrieve them via the Exa API.