Legal Opinion

Estate of Miller v. Commissioner

United States Tax Court

Decided September 19, 1978No. Docket No. 6845-76UnpublishedCited by 1 opinion

Decedent received amounts from a corporation of which he was principal shareholder. He repaid certain of these amounts. In 1962 he received the last of these amounts and the corporation computed a balance. That balance still was unpaid when decedent died, in 1970, and the corporation failed to file a claim against petitioner in the probate court proceedings. Held, the receipts constituted loans, and not dividends, to decedent.

Read the full summary

Decedent received amounts from a corporation of which he was principal shareholder. He repaid certain of these amounts. In 1962 he received the last of these amounts and the corporation computed a balance. That balance still was unpaid when decedent died, in 1970, and the corporation failed to file a claim against petitioner in the probate court proceedings. Held, the receipts constituted loans, and not dividends, to decedent. Held,further, the indebtedness arising from the loans was discharged, giving rise to income to petitioner under section 61(a)(12).

1Opinion of the Court

ESTATE OF MYRON M. MILLER, DECEASED, HILDA E. MILLER, EXECUTRIX, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Miller v. Commissioner

Docket No. 6845-76.

United States Tax Court

T.C. Memo 1978-374; 1978 Tax Ct. Memo LEXIS 141; 37 T.C.M. (CCH) 1547; T.C.M. (RIA) 78374;

September 19, 1978, Filed

Decedent received amounts from a corporation of which he was principal shareholder. He repaid certain of these amounts. In 1962 he received the last of these amounts and the corporation computed a balance. That balance still was unpaid when decedent died, in 1970, and the corporation…

2Cases cited7 opinions

  1. Meyer v. CommissionerUnited States Board of Tax Appeals · 1941
  2. Cohen v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1935
  3. Rita G. Shephard, Guardian of Susan Shephard v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1965
  4. Cohen v. CommissionerUnited States Board of Tax Appeals · 1933
  5. Shaken v. CommissionerUnited States Tax Court · 1954

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Bullock v. Comm'rUnited States Tax Court · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API