Legal Opinion

Old Colony Trust Co. v. Commissioner

United States Board of Tax Appeals

Decided April 6, 1933No. Docket No. 54984PublishedCited by 1 opinion

Distributions to a widow who elected to take under the will of her husband instead of her statutory dower rights under the statutes of Massachusetts, may not be deducted by the trustees in the computation of net taxable income of the trust.

1Opinion of the Court

*1088OPINION.

MoRRis:

The question for our determination, as announced at the outset, is whether or not the petitioners, trustees under the will of Harry E. Converse, deceased, are entitled to deduct from the gross income of the trust, under the provisions of section 219 (b) (2) and (3) of the Revenue Act of 1926 and section 162 (b) and (c) of the Revenue Act of 1928, distributions made by them to the widow of the decedent. Section 219 of the 1926 Act, which, to the extent of our present concern, is identical with section 162 of the 1928 Act, provides:(a) Tbe tax imposed by * * * this title shall…

2Cited by1 opinion

  1. Old Colony Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1933

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