Legal Opinion
Claudia Halliday, Birmingham Trust National Bank, of Estate of William T. Halliday, Jr. v. United States
Court of Appeals for the Fifth Circuit
Decided September 4, 1981No. 80-7882PublishedCited by 7 opinions
1Opinion of the Court
FRANK M. JOHNSON, Jr., Circuit Judge:
Taxpayers Claudia Halliday and Birmingham Trust National Bank, the Executor of the Estate of William T. Halliday, Jr., brought suit seeking a refund for the alleged overpayment of federal income taxes. The district court held that certain commissions on insurance renewal premiums did not constitute “income in respect of a decedent” within the meaning of Section 691 of the Internal Revenue Code of 1954. Instead, the commissions were characterized by the district court as proceeds from the sale of a capital asset. Because the lower court applied the…
2Cases cited6 opinions
- Commissioner of Internal Revenue v. LindeCourt of Appeals for the Ninth Circuit · 1954
- O'Daniel's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- Estate of Charles A. Riegelman, Deceased, William I. Riegelman, Carol R. Lubin and Arthur L. Strasser, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
- Trust Company of Georgia, Under the Will of Carling Dinkler, Sr. v. Aubrey C. Ross, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
- Estate of Sidles v. CommissionerUnited States Tax Court · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rollert Residuary Trust v. CommissionerUnited States Tax Court · 1983
- Edward D. Rollert Residuary Trust, Genesee Merchants Bank and Trust Company, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1985
- Estate of Charley W. Peterson, Deceased, Della E. Peterson and Charles R. Peterson, Co-Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1981
- Edward D. Rollert Residuary Trust, Genesee Merchants Bank and Trust Company, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1985
- Halliday v. United StatesCourt of Appeals for the Fifth Circuit · 1981
2 more not listed; retrieve them via the Exa API.