Legal Opinion

Bishop v. Commissioner

United States Tax Court

Decided January 16, 1945No. Docket No. 4594Published

Held, that one-half of the loss sustained upon the sale, in the course of administration, of securities acquired since 1927 and owned as community property in California is not deductible in the return of the surviving spouse. Commissioner v. Larson, 131 Fed. (2d) 85; Estate of James F. Waters, 3 T. C. 407, followed.

1Opinion of the Court

Stella Wheeler Bishop, Petitioner, v. Commissioner of Internal Revenue, Respondent

Bishop v. Commissioner

Docket No. 4594

United States Tax Court

4 T.C. 588; 1945 U.S. Tax Ct. LEXIS 252;

January 16, 1945, Promulgated

Decision will be entered under Rule 50.

Held, that one-half of the loss sustained upon the sale, in the course of administration, of securities acquired since 1927 and owned as community property in California is not deductible in the return of the surviving spouse. Commissioner v. Larson, 131 Fed. (2d) 85; Estate of James F. Waters, 3 T. C. 407, followed.

Robert H. Walker, Esq., for the…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Bishop v. CommissionerUnited States Tax Court · 1945
  2. Waters v. CommissionerUnited States Tax Court · 1944

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