Legal Opinion

Bok v. Commissioner

United States Board of Tax Appeals

Decided April 9, 1935No. Docket No. 75711Published

Where a widow elects to take under her husband's will and become beneficiary of a trust created by his will, in lieu of taking her statutory dower rights in his estate, income paid to her from such trust is taxable to her as ordinary income without regard to the value of her marital interests surrendered. Commissioner v. Butterworth,290 U.S. 365.

1Opinion of the Court

MARY LOUISE BOK, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Bok v. Commissioner

Docket No. 75711.

United States Board of Tax Appeals

32 B.T.A. 362; 1935 BTA LEXIS 959;

April 9, 1935, Promulgated

Where a widow elects to take under her husband's will and become beneficiary of a trust created by his will, in lieu of taking her statutory dower rights in his estate, income paid to her from such trust is taxable to her as ordinary income without regard to the value of her marital interests surrendered. Commissioner v. Butterworth,290 U.S. 365.

Truman Henson, Esq., for the petitioner.

Harol…

2Cases cited4 opinions

  1. Helvering v. ButterworthSupreme Court of the United States · 1933
  2. Atwood v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Bok v. CommissionerUnited States Board of Tax Appeals · 1935
  4. Drake v. CommissionerUnited States Board of Tax Appeals · 1934

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