Hirsch v. Commissioner
United States Tax Court
Harold Hirsch, husband of petitioner, died testate in September 1939, leaving a large estate with considerable indebtedness and other claims against it. In his will, after a few specific bequests to his wife, he bequeathed the remainder of his estate to trustees for the benefit of his wife during her lifetime, with remainders to his children. Executors were appointed and during the taxable years 1940 and 1941 the estate was in process of active administration.
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Harold Hirsch, husband of petitioner, died testate in September 1939, leaving a large estate with considerable indebtedness and other claims against it. In his will, after a few specific bequests to his wife, he bequeathed the remainder of his estate to trustees for the benefit of his wife during her lifetime, with remainders to his children. Executors were appointed and during the taxable years 1940 and 1941 the estate was in process of active administration. Held, that during the taxable years the residuary assets of the estate had not been turned over to the testamentary trust and section…
1Opinion of the Court
OPINION.
Black, Judge:
The Commissioner has added to the net income disclosed on petitioner’s income tax returns for 1940 and 1941, the respective amounts of $29,202.18 for 1940 and $26,484.55 for 1941 and has designated these amounts as “Income from trust under will of Harold Hirsch.” It is petitioner’s contention that throughout the taxable years 1940 and 1941 the estate of Harold Hirsch was in process of administration, and that the income of the estate is taxable to the executors in their fiduciary capacity, except that which they properly pay or credit during any year to any legatee, heir,…
2Cases cited4 opinions
- Chick v. CommissionerUnited States Tax Court · 1946
- Bruner v. CommissionerUnited States Tax Court · 1944
- Alston v. CommissionerUnited States Tax Court · 1947
- First Nat'l Bank v. CommissionerUnited States Tax Court · 1946
3Cited by1 opinion
- Hirsch v. CommissionerUnited States Tax Court · 1947