Wolder v. Commissioner
United States Tax Court
Petitioner and decedent, during decedent's lifetime, entered into an agreement whereby petitioner undertook to perform legal services for decedent without charge and decedent undertook to leave him certain assets in her will. The services were rendered and the agreed provision was contained in decedent's last will.
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Petitioner and decedent, during decedent's lifetime, entered into an agreement whereby petitioner undertook to perform legal services for decedent without charge and decedent undertook to leave him certain assets in her will. The services were rendered and the agreed provision was contained in decedent's last will. Held, petitioner received the benefits under the will as compensation for services, taxable under sec. 61, and not as a bequest, excludable from gross income under sec. 102(a), I.R.C. 1954. Held, further, petitioner constructively received specific shares of stock from decedent on…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency of $23,-347.74 in petitioners’ income tax for 1966. The issues presented involve the proper treatment for income tax purposes of certain securities and cash received 'by petitioner Victor R. Wolder from the estate of Marguerite K. Boyce, particularly whether the value thereof is excludable from gross income under section 102(a) .1
EINDINGS OF FACT
Some of the facts have been stipulated. The stipulation of facts, together with the exhibits attached thereto, is incorporated herein by this reference.
Victor R. Wolder (hereinafter referred to as…
2Cases cited30 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Corliss v. BowersSupreme Court of the United States · 1930
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
- United States v. MerriamSupreme Court of the United States · 1923
25 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wolder v. CommissionerCourt of Appeals for the Second Circuit · 1974
- Synanon Church v. CommissionerUnited States Tax Court · 1989
- Victor R. Wolder and Marjorie Wolder, Appellants-Cross-Appellees v. Commissioner of Internal Revenue, Appellee-Cross-Appellant. Estate of Marguerite K. Boyce v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1974
- Miller v. CommissionerUnited States Tax Court · 1987
- Batson v. CommissionerUnited States Tax Court · 1977
6 more not listed; retrieve them via the Exa API.