Legal Opinion

Esperson v. Commissioner

United States Board of Tax Appeals

Decided May 10, 1928No. Docket No. 7071Published

1. Community property laws of Texas. - (a) Funeral expense of a deceased spouse, in its entirety, is deductible from the gross estate of such deceased in determining the net estate.

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1. Community property laws of Texas. - (a) Funeral expense of a deceased spouse, in its entirety, is deductible from the gross estate of such deceased in determining the net estate. (b) A loan made by the wife to the husband, during coverture, out of her separate funds, is a personal and not a community debt, and the total amount of such loan is deductible from the gross estate of the deceased in determining net estate. 2. The alleged purchase by decedent's two employees of certain securities held not to be a bona fide purchase.

1Opinion of the Court

MRS. NIELS (MELLIE) ESPERSON, EXECUTRIX, ESTATE OF NIELS ESPERSON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Esperson v. Commissioner

Docket No. 7071.

United States Board of Tax Appeals

11 B.T.A. 1283; 1928 BTA LEXIS 3650;

May 10, 1928, Promulgated

1. Community property laws of Texas. - (a) Funeral expense of a deceased spouse, in its entirety, is deductible from the gross estate of such deceased in determining the net estate.(b) A loan made by the wife to the husband, during coverture, out of her separate funds, is a personal and not a community debt, and the total amount of…

2Cases cited1 opinion

  1. Esperson v. CommissionerUnited States Board of Tax Appeals · 1928

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