Martin v. Commissioner
United States Board of Tax Appeals
1. DEDUCTION FROM GROSS INCOME OF ESTATE. During 1924 the trustees paid to decedent's widow the amount of $10,000 pursuant to the directions of the decedent's will, she having elected to take under the will in lieu of dower. Held, that the amounts so paid were paid to the widow in purchase and satisfaction of her dower right and not as distributions of income of the estate and hence are not deductible by the trustees in computing net income of the estate.
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1. DEDUCTION FROM GROSS INCOME OF ESTATE. During 1924 the trustees paid to decedent's widow the amount of $10,000 pursuant to the directions of the decedent's will, she having elected to take under the will in lieu of dower. Held, that the amounts so paid were paid to the widow in purchase and satisfaction of her dower right and not as distributions of income of the estate and hence are not deductible by the trustees in computing net income of the estate. Julia Butterworth et al.,23 B.T.A. 838, followed. 2. CAPITAL EXPENDITURES. All of the income-producing assets of said estate were…
1Opinion of the Court
*867OPINION.
Van Fossan:
In the case of Julia Butterworth et al., 23 B. T. A. 838, the Board, in an exhaustive opinion, reviewed the decisions applicable to the facts here presented. In that case decedent’s widow elected to take under the will in lieu of dower. In the taxable years the trustees under decedent’s will paid over to the widow the sums to which she was entitled under the will and claimed deductions therefor in computing net income of the testamentary trust. The amounts so paid to the widow, plus the amounts similarly paid to her in previous years, were not equal to the value of the…
2Cited by1 opinion
- Martin v. CommissionerUnited States Board of Tax Appeals · 1931