Legal Opinion

Estate of Gasser v. Commissioner

United States Tax Court

Decided August 16, 1989No. Docket Nos. 43573-86, 43574-86PublishedCited by 2 opinions

Peter and Vernice Gasser owned certain properties in California as community property prior to Peter's death in 1982. They placed the property in service prior to 1981. Held, Vernice is not entitled to use ACRS deductions for depreciation of her one-half interest in the property after Peter's death.

1Opinion of the Court

OPINION

DRENNEN, Judge:1

In statutory notices of deficiency issued to petitioners in these consolidated cases, respondent determined deficiencies in petitioners’ Federal income tax as follows:

Petitioner Docket No. Year Deficiency

43573-86 1982 $15,998 Estate of Peter A. Gasser,

Deceased, Vernice H. Gasser,

Executrix, and Vernice H.

Gasser

Vernice H. Gasser 43574-86 1980 $53,048

After concessions, the sole issue for our decision is whether petitioners are entitled to Accelerated Cost Recovery System (ACRS) depreciation deductions, section 168,2 with respect to a surviving spouse’s share of community…

2Cases cited4 opinions

  1. Poe v. SeabornSupreme Court of the United States · 1930
  2. Estate of MurphyCalifornia Supreme Court · 1976
  3. Eller v. CommissionerUnited States Tax Court · 1981
  4. Estate of Stewart v. CommissionerUnited States Tax Court · 1982

3Cited by2 opinions

  1. Costa v. CommissionerUnited States Tax Court · 1990
  2. Estate of Gasser v. CommissionerUnited States Tax Court · 1989

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