Wolf v. Commissioner of Internal Revenue

BUFFINGTON, Circuit Judge.

This is a petition for review of a decision of the Board of Tax Appeals. The petitioner received a pecuniary legacy of $600,000 by the will of her husband. The will contained no provision in respect to interest upon this legacy. Pursuant to the Pennsylvania Fiduciaries Act of 1917, § 21 (20 P.S. § 633), the executors paid the petitioner $29,300 as interest on her legacy. The petitioner did not include this sum in her income tax return and the commissioner assessed a deficiency. The board sustained the commissioner.

The petitioner relies upon section 22 (b) (3) of the…