Legal Opinion

Franklin v. Commissioner

United States Board of Tax Appeals

Decided February 13, 1941No. Docket No. 101482Published

An allowance paid under the statutes of Michigan as a widow's allowance during administration of estate is not an allowable deduction from income of estate, although probate court specified that such payment be made out of income.

1Opinion of the Court

ESTATE OF CHARLES H. FRANKLIN, DECEASED, GRACE B. FRANKLIN, EXECUTRIX, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Franklin v. Commissioner

Docket No. 101482.

United States Board of Tax Appeals

43 B.T.A. 612; 1941 BTA LEXIS 1481;

February 13, 1941, Promulgated

An allowance paid under the statutes of Michigan as a widow's allowance during administration of estate is not an allowable deduction from income of estate, although probate court specified that such payment be made out of income.

John C. Evans, Esq., for the petitioner.

P. M. Clark, Esq., for the respondent.

VAN FOSSAN

Respondent…

2Cases cited1 opinion

  1. Franklin v. CommissionerUnited States Board of Tax Appeals · 1941

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