Brinton v. Commissioner
United States Board of Tax Appeals
1. Where a widow entitled to survivor's share of community property elects to relinquish her right therein and take under the will, she becomes a beneficiary under the will and may take after administration, only that part of the estate which was devised to her. 2. Where facts show that estate was in process of administration by independent executors up to time of distribution, the value of property as of date of distribution is the basis for determining gain upon subsequent…
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1. Where a widow entitled to survivor's share of community property elects to relinquish her right therein and take under the will, she becomes a beneficiary under the will and may take after administration, only that part of the estate which was devised to her. 2. Where facts show that estate was in process of administration by independent executors up to time of distribution, the value of property as of date of distribution is the basis for determining gain upon subsequent sale thereof by beneficiaries.
1Opinion of the Court
LILLIAN MCDONALD BRINTON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
IRENE STROMEYER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
WILLIAM A. STROMEYER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Brinton v. Commissioner
Docket Nos. 53715, 55341, 55342.
United States Board of Tax Appeals
28 B.T.A. 472; 1933 BTA LEXIS 1127;
June 20, 1933, Promulgated
1. Where a widow entitled to survivor's share of community property elects to relinquish her right therein and take under the will, she becomes a beneficiary under the will and may take after…
2Cases cited13 opinions
- Irwin v. GavitSupreme Court of the United States · 1925
- Smith v. ButlerTexas Supreme Court · 1892
- Ewing v. SchultzCourt of Appeals of Texas · 1920
- Heller v. HellerCourt of Appeals of Texas · 1921
- Todd v. WillisTexas Supreme Court · 1886
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