Legal Opinion

McCahan v. Commissioner

United States Board of Tax Appeals

Decided April 23, 1937No. Docket No. 79039Published

The petitioner, as executrix of an estate, in course of administration, paid estate and inheritance taxes in excess of the total amount of taxable items of gross income of the estate. During the same years she distributed to herself, as beneficiary under the will, several amounts which were designated as distributions of principal and as distributions of tax-exempt income.

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The petitioner, as executrix of an estate, in course of administration, paid estate and inheritance taxes in excess of the total amount of taxable items of gross income of the estate. During the same years she distributed to herself, as beneficiary under the will, several amounts which were designated as distributions of principal and as distributions of tax-exempt income. Held, the estate had no taxable income and the petitioner was not liable for tax upon such distributions.

1Opinion of the Court

RENA S. MCCAHAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

McCahan v. Commissioner

Docket No. 79039.

United States Board of Tax Appeals

35 B.T.A. 943; 1937 BTA LEXIS 817;

April 23, 1937, Promulgated

The petitioner, as executrix of an estate, in course of administration, paid estate and inheritance taxes in excess of the total amount of taxable items of gross income of the estate. During the same years she distributed to herself, as beneficiary under the will, several amounts which were designated as distributions of principal and as distributions of tax-exempt income. Held, the…

2Cases cited1 opinion

  1. McCahan v. CommissionerUnited States Board of Tax Appeals · 1937

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