Flinchbaugh v. Commissioner
United States Tax Court
1. Petitioner in its estate tax return elected under section 302 (j) of the Revenue Act of 1926, as added by section 202 (a) of the Revenue Act of 1935, to value property in the decedent's estate as of one year after the death of decedent.
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1. Petitioner in its estate tax return elected under section 302 (j) of the Revenue Act of 1926, as added by section 202 (a) of the Revenue Act of 1935, to value property in the decedent's estate as of one year after the death of decedent. The return was due Saturday, July 23, 1938. At noon of that day, a return, properly signed by the petitioner, but not sworn to, was mailed at Wilkes-Barre, Pennsylvania, to the collector's office in Scranton, Pennsylvania, by registered mail. In the afternoon of the same day delivery thereof was attempted by the post office without success. The return was…
1Opinion of the Court
OPINION.
Tyson, Judge:
The principal question for our decision is whether petitioner properly exercised its option to value the property of the decedent’s gross estate as of one year after the decedent’s death, as provided by section 302 (j) of the Revenue Act of 1926, as added by section 202 (a) of the Revenue Act of 1935. Under that section the executor of a decedent’s estate, instead of valuing the property of the estate as of the date of the decedent’s death, may value it as of one year after the decedent’s death if he “so elects upon his return (if filed within the time prescribed by law…
2Cases cited3 opinions
- J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
- Lucas v. Pilliod Lumber Co.Supreme Court of the United States · 1930
- Scaife Co. v. CommissionerSupreme Court of the United States · 1941
3Cited by25 opinions
- Estate of Gardner v. CommissionerUnited States Tax Court · 1984
- Court Holding Co. v. CommissionerUnited States Tax Court · 1943
- Burford Oil Co. v. CommissionerUnited States Tax Court · 1945
- Estate of Ryan v. CommissionerUnited States Tax Court · 1974
- Estate of Caswell v. CommissionerUnited States Tax Court · 1974
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