Legal Opinion

Bowen v. Commissioner

United States Tax Court

Decided May 17, 1960No. Docket Nos. 69452, 69453, 69454Published

Upon the stipulated facts, held, certain moneys paid to the administratrix of the Estate of S. Lewis Tim on August 29, 1951, pursuant to a judgment of the Monmouth County Court of New Jersey, were taxable income under section 22(a), I.R.C. 1939, and as such was taxable to the Estate of S. Lewis Tim for the year 1951 rather than to the other petitioners herein since such income was not "to be distributed currently by the fiduciary to the legatees, heirs, or beneficiaries"…

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Upon the stipulated facts, held, certain moneys paid to the administratrix of the Estate of S. Lewis Tim on August 29, 1951, pursuant to a judgment of the Monmouth County Court of New Jersey, were taxable income under section 22(a), I.R.C. 1939, and as such was taxable to the Estate of S. Lewis Tim for the year 1951 rather than to the other petitioners herein since such income was not "to be distributed currently by the fiduciary to the legatees, heirs, or beneficiaries" under section 162(b), I.R.C. 1939.

1Opinion of the Court

Martin Raymond Bowen, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Bowen v. Commissioner

Docket Nos. 69452, 69453, 69454

United States Tax Court

34 T.C. 222; 1960 U.S. Tax Ct. LEXIS 154;

May 17, 1960, Filed

Decisions will be entered under Rule 50.

Upon the stipulated facts, held, certain moneys paid to the administratrix of the Estate of S. Lewis Tim on August 29, 1951, pursuant to a judgment of the Monmouth County Court of New Jersey, were taxable income under section 22(a), I.R.C. 1939, and as such was taxable to the Estate of S. Lewis Tim for the year 1951 rather than to…

2Cases cited5 opinions

  1. Healy v. CommissionerSupreme Court of the United States · 1953
  2. Cohen v. CommissionerUnited States Tax Court · 1947
  3. Phillips v. CommissionerUnited States Tax Court · 1957
  4. N. Gordon Phillips and Lauretta M. Phillips v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
  5. Bowen v. CommissionerUnited States Tax Court · 1960

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