Legal Opinion

Stewart v. Commissioner

United States Tax Court

Decided January 5, 1951No. Docket No. 23259PublishedCited by 17 opinions

Where the petitioner, a resident of Texas, was both independent executrix and sole beneficiary under the decedent's will and the decedent's estate was not subject to and its administration was not being continued pursuant to the orders of the local probate court, held that when the estate ceased to be in the process of administration or settlement for Federal tax purposes must be determined from all material facts.

Read the full summary

Where the petitioner, a resident of Texas, was both independent executrix and sole beneficiary under the decedent's will and the decedent's estate was not subject to and its administration was not being continued pursuant to the orders of the local probate court, held that when the estate ceased to be in the process of administration or settlement for Federal tax purposes must be determined from all material facts. Held, further, that in the instant case the period of administration of the decedent's estate was terminated some time prior to December 31, 1941.

1Opinion of the Court

OPINION.

Akundell, Judge:

The deficiencies herein arise from the respondent’s determination that the administration of the estate of C. Jim Stewart was concluded prior to the taxable year 1942 within the meaning of Regulations 111, section 29.162-11 and, therefore, the income received and reported by the estate during the taxable years 1942 to 1945, inclusive, was properly taxable to the beneficiary, the petitioner herein.

The validity of the Regulations relied upon by the Commissioner has been recognized in Frederich v. Commissioner, 145 Fed. (2d) 796 (CA-5), and in Chick v. Commissioner, 166…

2Cases cited5 opinions

  1. Coates v. CommissionerUnited States Tax Court · 1946
  2. Altgelt, Administrator v. National BankTexas Supreme Court · 1904
  3. Parks v. KnoxCourt of Appeals of Texas · 1910
  4. Walsh v. CommissionerUnited States Tax Court · 1946
  5. Leach v. LeachCourt of Appeals of Texas · 1948

3Cited by17 opinions

  1. Brown v. United StatesCourt of Appeals for the Fifth Circuit · 1989
  2. Williams v. CommissionerUnited States Tax Court · 1951
  3. Stewart v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1952
  4. Roebling v. CommissionerUnited States Tax Court · 1952
  5. Old Virginia Brick Co. v. CommissionerUnited States Tax Court · 1965

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API