Estate of McCoy v. Commissioner
United States Tax Court
Pursuant to a Probate Court decree, a widow's allowance was paid out of and charged to the estate's principal account. Held, sec. 1.661(a)-2(e), Income Tax Regs., invalid so far as here applicable. Held, further, the amounts distributed were deductible, under sec. 661(a), I.R.C. 1954, from the income of the estate.
1Opinion of the Court
OPINION
Tietjens, Judge:
The Commissioner determined deficiencies for the taxable period May 9, 1963, through December 31, 1963, and for the taxable year 1964, in the amounts of $2,232.19 and $5,719.77, respectively.
The sole issue is whether a widow’s allowance paid out of principal of the estate, pursuant to a Probate Court decree, is deductible under section 661(a) of the Internal Revenue Code of 1954,1 in computing the taxable income of the estate.
All of the facts have been stipulated. The stipulation and exhibits attached thereto are incorporated herein by this reference.
Dorothy H. McCoy…
2Cases cited5 opinions
- Rensenhouse v. CommissionerUnited States Tax Court · 1956
- United States v. Mabel Davis JamesCourt of Appeals for the Ninth Circuit · 1964
- Buck v. McLaughlinCourt of Appeals for the Ninth Circuit · 1931
- MacMurray v. CommissionerUnited States Tax Court · 1951
- Franklin v. CommissionerUnited States Board of Tax Appeals · 1941
3Cited by10 opinions
- Estate of O'Connor v. CommissionerUnited States Tax Court · 1977
- Wells v. CommissionerUnited States Tax Court · 1968
- Bottome v. CommissionerUnited States Tax Court · 1972
- Cameron v. CommissionerUnited States Tax Court · 1977
- Bottome v. CommissionerUnited States Tax Court · 1972
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