Fiske v. Commissioner
United States Board of Tax Appeals
DEDUCTIONS - ACCRUAL AT DEATH. - Real estate taxes and trustees' commissions of a trust of which the decedent was life beneficiary must be allocated to the period before and the period after his death in accordance with the laws of the situs of the trust for the purpose of determining the distributable income of each period.
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DEDUCTIONS - ACCRUAL AT DEATH. - Real estate taxes and trustees' commissions of a trust of which the decedent was life beneficiary must be allocated to the period before and the period after his death in accordance with the laws of the situs of the trust for the purpose of determining the distributable income of each period. Sections 42 and 43 have no application, since the trust may not be ignored even though it was a revocable trust within section 166 and section 302(d)(1) of the Revenue Act of 1926 as amended.
1Opinion of the Court
ESTATE OF GEORGE S. FISKE (DECEASED), GEORGE P. DAVIS AND EDWARD F. MCCLENNEN, EXECUTORS UNDER THE WILL OF GEORGE S. FISKE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Fiske v. Commissioner
Docket No. 104440.
United States Board of Tax Appeals
45 B.T.A. 135; 1941 BTA LEXIS 1171;
September 17, 1941, Promulgated
DEDUCTIONS - ACCRUAL AT DEATH. - Real estate taxes and trustees' commissions of a trust of which the decedent was life beneficiary must be allocated to the period before and the period after his death in accordance with the laws of the situs of the trust for the purpose of…
2Cases cited1 opinion
- Fiske v. CommissionerUnited States Board of Tax Appeals · 1941