Estate of Gasser v. Commissioner
United States Tax Court
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
- Poe v. SeabornSupreme Court of the United States · 1930
- Estate of MurphyCalifornia Supreme Court · 1976
- Eller v. CommissionerUnited States Tax Court · 1981
- Estate of Stewart v. CommissionerUnited States Tax Court · 1982
3Cited by2 opinions
- Costa v. CommissionerUnited States Tax Court · 1990
- Estate of Gasser v. CommissionerUnited States Tax Court · 1989