Woodward v. Commissioner
United States Tax Court
Held: 1. The estate of each decedent is taxable only on one-half of the income derived during administration from community property in Texas.
Read the full summary
Held: 1. The estate of each decedent is taxable only on one-half of the income derived during administration from community property in Texas. Estate of J. T. Sneed, Jr., 17 T. C. 1344, affd. 220 F. 2d 313. 2. Regulations 111, section 29.125-4, promulgated pursuant to section 125 (c) (2), I. R. C. (1939), to supply administrative details was not unreasonable and arbitrary in its requirement that an election to amortize bond premium must be made in the return for the first taxable year in which taxpayer desires the election to be applicable.
1Opinion of the Court
OPINION.
LeMire, Judge:
The first question presented is whether the income from property previously belonging to the marital community in Texas earned during the period of administration is taxable in its entirety to the estate of the surviving husband, or, in the alternative, entirely to the estate of the wife; or whether it is taxable one-half to each estate, as contended by the petitioners.
The respondent relies upon Barbour v. Commissioner, 89 F. 2d 474, as controlling our decision here. This Court has adhered to the view that an estate of a deceased spouse during administration, whether the…
2Cases cited9 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Helvering v. WinmillSupreme Court of the United States · 1938
- Burke & Herbert Bank & Trust Co. v. CommissionerUnited States Tax Court · 1948
- Barbour v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1937
- Sneed v. CommissionerUnited States Tax Court · 1952
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Albert L. Vitter, Jr. And Oliver J. Counce v. United StatesCourt of Appeals for the Fifth Circuit · 1960
- Barnhill v. CommissionerCourt of Appeals for the Fifth Circuit · 1957
- Grimm v. CommissionerUnited States Tax Court · 1987
- Grimm v. CommissionerUnited States Tax Court · 1987
- W. B. Barnhill, John F. Dillard and J. A. Phillips, Trustees of the Estate of Bessie A. Woodward v. Commissioner of Internal Revenue, W. B. Barnhill, John F. Dillard and J. A. Phillips, Trustees of the Estate of Emerson F. Woodward v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
1 more not listed; retrieve them via the Exa API.