Hirsch v. Commissioner

OPINION.

Black, Judge:

The Commissioner has added to the net income disclosed on petitioner’s income tax returns for 1940 and 1941, the respective amounts of $29,202.18 for 1940 and $26,484.55 for 1941 and has designated these amounts as “Income from trust under will of Harold Hirsch.” It is petitioner’s contention that throughout the taxable years 1940 and 1941 the estate of Harold Hirsch was in process of administration, and that the income of the estate is taxable to the executors in their fiduciary capacity, except that which they properly pay or credit during any year to any legatee, heir,…