O'Daniel v. Commissioner
United States Tax Court
Income -- Estate -- Section 126 (a) (1) (A) -- Income Earned But Never Received by Decedent. -- Bonus for services of decedent awarded after death and received by estate is taxable to estate under section 126 (a) (1) (A) because the right to receive was derived through decedent, even though he never had an enforceable right during his life.
1Opinion of the Court
OPINION.
MuRdock, Judge-.
The Commissioner determined a deficiency of $13,099.04 in income tax of the estate of this decedent for the calendar year 1944. The facts have been submitted by agreement of the parties.
The decedent died on November 4, 1943, and the petitioner is his estate. The return for the estate for 1944 was filed with the collector of internal revenue for the third district of New York.
The decedent was employed, for many years and up to his death, by American Cyanamid Co. That company had had a bonus plan in which the decedent had participated for a number of years. No employee…
2Cases cited1 opinion
- Estate of Basch v. CommissionerUnited States Tax Court · 1947
3Cited by18 opinions
- Latendresse v. CommissionerUnited States Tax Court · 1956
- Estate of Narischkine v. CommissionerUnited States Tax Court · 1950
- Catherine K. Poorbaugh v. United StatesCourt of Appeals for the Third Circuit · 1970
- Bausch v. CommissionerUnited States Tax Court · 1950
- Dixon v. United StatesDistrict Court, E.D. Kentucky · 1950
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