MacMurray v. Commissioner
United States Tax Court
1. Petitioner was to receive income from certain property placed n a testamentary trust, to be paid by the executor until such time as the property was distributed to the trustee. Under the terms of the will, income from the trust was to be applied to any family allowance paid petitioner during the administration of the estate.
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1. Petitioner was to receive income from certain property placed n a testamentary trust, to be paid by the executor until such time as the property was distributed to the trustee. Under the terms of the will, income from the trust was to be applied to any family allowance paid petitioner during the administration of the estate. Held, income from such property during the taxable years in question in amounts equal to the family allowance paid to petitioner was not distributable to petitioner and, under section 162 (b) of the Internal Revenue Code, is not taxable to petitioner. 2. Held, further,…
1Opinion of the Court
OPINION.
Rice, Judge:
The first issue is whether, while the estate was in the process of administration, the executor, for the purpose of determining the amount of trust income distributable to petitioner pursuant to the terms of the will, properly arrived at the amount of income so distributable by subtracting from the income of the testamentary trust created for petitioner (which was a part of the gross estate) an amount equal to the family allowance awarded her by the California court. Respondent’s contention is that such a reduction to determine net distributable income to petitioner was…
2Cases cited4 opinions
- In Re Estate of DargieCalifornia Supreme Court · 1912
- Estate of King v. KingCalifornia Supreme Court · 1942
- Bruner v. CommissionerUnited States Tax Court · 1944
- First Nat'l Bank v. CommissionerUnited States Tax Court · 1946
3Cited by9 opinions
- In Re Estate of Ida Wray Nissen, Deceased. Wachovia Bank and Trust Company v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1965
- Estate of McCoy v. CommissionerUnited States Tax Court · 1968
- Hill v. CommissionerUnited States Tax Court · 1955
- Estate of Nissen v. CommissionerUnited States Tax Court · 1964
- Sneed v. CommissionerUnited States Tax Court · 1953
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