Harwood v. Commissioner
United States Tax Court
The executors of decedent's estate paid to themselves, as the duly appointed testamentary trustees of a trust established by decedent, the income received by the estate during its administration. Held that the amount was "properly paid" to a legatee within the purview of section 162 (c), I. R. C., and should have been allowed as a deduction in computing the net income of the estate for the year in which it was received and paid over.
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The executors of decedent's estate paid to themselves, as the duly appointed testamentary trustees of a trust established by decedent, the income received by the estate during its administration. Held that the amount was "properly paid" to a legatee within the purview of section 162 (c), I. R. C., and should have been allowed as a deduction in computing the net income of the estate for the year in which it was received and paid over. Commissioner v. Bishop Trust, Executor, 136 Fed. (2d) 390; Commissioner v. Crawford's Estate, 139 Fed. (2d) 616.
1Opinion of the Court
Estate of Robert W. Harwood, Richardson Harwood and the New England Trust Company, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Harwood v. Commissioner
Docket No. 1855
United States Tax Court
3 T.C. 1104; 1944 U.S. Tax Ct. LEXIS 85;
July 18, 1944, Promulgated
Decision will be entered under Rule 50.
The executors of decedent's estate paid to themselves, as the duly appointed testamentary trustees of a trust established by decedent, the income received by the estate during its administration. Held that the amount was "properly paid" to a legatee within the purview of section…
2Cases cited9 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Uterhart v. United StatesSupreme Court of the United States · 1916
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Old Colony Trust Co. v. SmithMassachusetts Supreme Judicial Court · 1929
- Rogers v. CommissionerUnited States Tax Court · 1943
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