Legal Opinion

Goldschmidt v. Commissioner

United States Board of Tax Appeals

Decided January 7, 1929No. Docket No. 16138PublishedCited by 1 opinion

Unpaid executors' commissions allowed as a deduction from the gross estate for estate-tax purposes where it appears that such commissions are allowed by the law of the jurisdiction under which the estate is being administered. John A. Loetscher,14 B.T.A. 228, followed.

1Opinion of the Court

*1013OPINION.

Siefkin:

The sole question to be decided in this proceeding is whether the respondent erred in disallowing as a deduction from the gross estate the amount of $520,783.50 claimed by the petitioners on the return as commissions of executors.

*1014Section 408 of the Revenue Act of 1921 provides:

That for the purpose of the tax the value of the net estate shall be determined—(a) In the case of a resident, by deducting from the value of the gross estate—(1) Such amounts for funeral expenses, administration expenses, claims against the estate, unpaid mortgages upon, or any indebtedness in respect…

2Cited by1 opinion

  1. Goldschmidt v. CommissionerUnited States Board of Tax Appeals · 1929

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