Kane v. Commissioner
United States Tax Court
Petitioner's wife is a beneficiary of a trust created by her father in 1932 and is also a beneficiary of a testamentary trust under her father's will, the father having died in 1939. During the taxable year 1945 and subsequent to July 26, 1945, petitioner's wife received distributions from both of these trusts while she and her husband were domiciled in the State of Oklahoma.
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Petitioner's wife is a beneficiary of a trust created by her father in 1932 and is also a beneficiary of a testamentary trust under her father's will, the father having died in 1939. During the taxable year 1945 and subsequent to July 26, 1945, petitioner's wife received distributions from both of these trusts while she and her husband were domiciled in the State of Oklahoma. Effective as of July 26, 1945, the Oklahoma legislature passed a new community property law to take the place of a 1939 statute which had been declared ineffective for Federal taxation purposes by the United States…
1Opinion of the Court
OPINION.
Black, Judge:
This proceeding involves a deficiency of $8,098.03 in income tax determined by the respondent against petitioner for the taxable year ended December 31,1945.
The deficiency is the result of a single adjustment made by the respondent to the net income as disclosed by petitioner’s amended return. In a statement attached to the deficiency notice the respondent labels this adjustment “(a) Community property adjustment $13,-013.55” and explains it as follows:(a) During the taxable year, and subsequent to July 26, 1945, your wife, Marie Foster Kane, received distributions from…
2Cases cited8 opinions
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