Cleary v. Commissioner
United States Tax Court
Petitioner Mildred Cleary's father died testate in May 1945, designating Mildred, her sister, and their husbands as executors and trustees of his estate. Under his will, it was provided that one part of the net income up to $ 2,000 for each year should be made over and paid to Mildred.
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Petitioner Mildred Cleary's father died testate in May 1945, designating Mildred, her sister, and their husbands as executors and trustees of his estate. Under his will, it was provided that one part of the net income up to $ 2,000 for each year should be made over and paid to Mildred. For each of the years 1945 through 1955 the estate had taxable income, on which for all years except 1945, 1951, and 1953 it paid an income tax thereon, but no distributions of income were in fact made until 1953. In 1950 Mildred indicated to her husband that she wanted the income from her bequest to go to her…
1Opinion of the Court
OPINION.
TurneR, Judge:
The question is whether for the years 1953, 1954, and 1955 income was distributable to Mildred from her father’s estate so as to make such income her income. Petitioners contend that Mildred had renounced her bequest before any income was distributed from the estate and before the trustees determined that income could be distributed from the estate, and that the income was not hers. Respondent contends that prior to 1957, there was no clear, unequivocal renunciation by Mildred, and in any event there was no timely and valid renunciation.
Under the provisions of the will,…
2Cases cited11 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Harrison v. SchaffnerSupreme Court of the United States · 1941
- In Re HoweNew Jersey Superior Court Appellate Division · 1932
- Lawes v. LynchNew Jersey Superior Court Appellate Division · 1950
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keinath v. CommissionerUnited States Tax Court · 1972
- Cleary v. CommissionerUnited States Tax Court · 1960
- Keinath v. CommissionerUnited States Tax Court · 1972