Luntz v. Commissioner
United States Tax Court
Corporate resolution authorized payment to petitioner of amounts equivalent to the salary of her deceased husband for 2 years and also authorized payments, similarly computed, to the wives of two living corporate officers upon their husbands' respective deaths. Held, the two objectives of the resolution are not interdependent and petitioner has sustained her burden of proving gift under section 22(b) (3), I. R. C. 1939.
1Opinion of the Court
Forrester, Judge:
The respondent has determined deficiencies in income tax and addition thereto, as follows:
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In Docket No. 57652 petitioner claims an overpayment of income tax for 1952 because of respondent’s inclusion of $48,000 in her taxable income, which amount petitioner contends was a pension or gift. Petitioner did not include in her return for 1953 a like amount, similarly received.
The only question presented is whether petitioner is entitled to exclude from gross income as a nontaxable gift amounts totaling $48,000 paid to petitioner by her deceased husband’s former…
2Cases cited3 opinions
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Estate of Hellstrom v. CommissionerUnited States Tax Court · 1955
- Estate of Maycann v. CommissionerUnited States Tax Court · 1957
3Cited by29 opinions
- Gladys W. Simpson v. United StatesCourt of Appeals for the Seventh Circuit · 1958
- Fifth Ave. Coach Lines,Inc. v. CommissionerUnited States Tax Court · 1959
- Hilda Bounds v. United StatesCourt of Appeals for the Fourth Circuit · 1958
- Poyner v. CommissionerCourt of Appeals for the Fourth Circuit · 1962
- Nell W. Carson v. The United StatesUnited States Court of Claims · 1963
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