McCall v. Commissioner
United States Board of Tax Appeals
Where subsequent to the filing and adjudication of a "first and final" account, but prior to the determination of a deficiency in estate taxes which respondent proposed to assess against the beneficiaries as transferees, other assets came into the hands of the executrix of an estate, which funds were more than sufficient to satisfy the deficiency in taxes determined by respondent and which funds remained undistributed in the estate up to and after the date of the notice of…
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Where subsequent to the filing and adjudication of a "first and final" account, but prior to the determination of a deficiency in estate taxes which respondent proposed to assess against the beneficiaries as transferees, other assets came into the hands of the executrix of an estate, which funds were more than sufficient to satisfy the deficiency in taxes determined by respondent and which funds remained undistributed in the estate up to and after the date of the notice of deficiency, respondent may not assess such deficiency against the beneficiaries as transferees.
1Opinion of the Court
*294OPINION.
Van Fossan :
In his brief counsel for the petitioners discusses only two of his allegations of error. He contends that the petitioners are not transferees within the intendment of section 316 of the Revenue Act of 1926 and, in the alternative, that the respondent erroneously included in the gross estate of Mahlon W. Newton, deceased, the value of certain real property situated in the State of New Jersey.
Though the petitioners have not abandoned their allegation that the statute of limitations has run against the assessment of estate taxes against the estate of Mahlon W. Newton,…
2Cases cited5 opinions
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Joseph v. . HerzigNew York Court of Appeals · 1910
- Powell v. PennockMichigan Supreme Court · 1914
- Appeal of SchaefferSupreme Court of Pennsylvania · 1888
- Appeal of SchwartzSupreme Court of Pennsylvania · 1888
3Cited by2 opinions
- McCall v. CommissionerUnited States Board of Tax Appeals · 1932
- United States v. RussellDistrict Court, D. Rhode Island · 1956