Thiele v. Commissioner
United States Tax Court
Walter Thiele, the decedent herein, died December 25, 1940. His wife, Helen Agnes Thiele, died testate on February 26, 1940. Under her will she named her husband the sole legatee and executor of her estate. Her estate was still in the process of administration at the time of her husband's death. On February 26, 1940, Walter Thiele owed his wife $ 34,766.72, plus interest, for money he had previously borrowed from her.
Read the full summary
Walter Thiele, the decedent herein, died December 25, 1940. His wife, Helen Agnes Thiele, died testate on February 26, 1940. Under her will she named her husband the sole legatee and executor of her estate. Her estate was still in the process of administration at the time of her husband's death. On February 26, 1940, Walter Thiele owed his wife $ 34,766.72, plus interest, for money he had previously borrowed from her. This amount, plus interest, was included in the wife's gross estate as an account receivable asset of her estate for Federal estate tax purposes, and was also included as an…
1Opinion of the Court
OPINION.
Black, Judge:
The principal remaining issue in this proceeding is whether the estate of Walter Thiele is entitled to deduct from the value of the decedent’s gross estate, as a claim against the estate, the amount of $36,129.78 ($34,766.72 plus the two interest items of $212.44 and $1,150.62) which the decedent owed the estate of Helen Agnes Thiele at the date of his death. The applicable statute is section 812 (b) (3) of the internal Revenue Code, the material provisions of which are set forth in the margin.1 Petitioner concedes that, if this total amount of $36,129.78 is deductible…
2Cases cited4 opinions
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Estate of Metcalf v. CommissionerUnited States Tax Court · 1946
- In re Estate of FosterNew York Surrogate's Court · 1902
- Estate of Rice v. CommissionerUnited States Tax Court · 1946
3Cited by10 opinions
- Baldwin v. CommissionerUnited States Tax Court · 1959
- Laughinghouse v. Comm'rUnited States Tax Court · 1983
- Feder v. CommissionerUnited States Tax Court · 1954
- Erickson v. SmythDistrict Court, N.D. California · 1952
- Estate of Love v. CommissionerUnited States Tax Court · 1989
5 more not listed; retrieve them via the Exa API.