Miller v. Commissioner
United States Tax Court
Held, the administration of the Estate of Addison Miller was unduly prolonged beyond the end of 1955 and consequently the income of said estate for 1956 and part of 1957 was properly includable in petitioner's income for 1956 and 1957. Held, further, petitioner is not entitled to a deduction for the loss of purported goodwill in 1958 as a result of the cessation of business operations in that year.
Read the full summary
Held, the administration of the Estate of Addison Miller was unduly prolonged beyond the end of 1955 and consequently the income of said estate for 1956 and part of 1957 was properly includable in petitioner's income for 1956 and 1957. Held, further, petitioner is not entitled to a deduction for the loss of purported goodwill in 1958 as a result of the cessation of business operations in that year. Held, further, petitioner is not entitled to a deduction for club dues as ordinary and necessary business expenses.
1Opinion of the Court
Mulroney, Judge:
The respondent determined the following deficiencies in the petitioners’ income tax for the years 1956, 1957, and 1958:
Year Deficiency
1956 _$43,205.92
1957 _ 8,112.82
1958 _ 92,337.60
The issues are (1) whether the administration of the estate of Addison Miller (who died in 1944) should have been closed prior to 1956, in which event certain income reported by the estate in 1956 and 1957 would be taxable to petitioners in those years; (2) whether petitioners are entitled to a deduction in 1958 arising from the purported loss of goodwill in that year; and (3) whether petitioners…
2Cases cited13 opinions
- Rothensies v. Electric Storage Battery Co.Supreme Court of the United States · 1946
- Williams v. CommissionerUnited States Tax Court · 1951
- Chick v. CommissionerUnited States Tax Court · 1946
- Chick v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Carty v. CommissionerUnited States Tax Court · 1962
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Brown v. United StatesCourt of Appeals for the Fifth Circuit · 1989
- Banc One Corp. v. CommissionerUnited States Tax Court · 1985
- Wilmot Fleming Engineering Co. v. CommissionerUnited States Tax Court · 1976
- Miller v. CommissionerCourt of Appeals for the Eighth Circuit · 1964
- Old Virginia Brick Company, Incorporated v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1966
16 more not listed; retrieve them via the Exa API.