Beggs v. Commissioner
United States Tax Court
Decedent, who was granted under her husband's will the income for life from his residuary estate, was also the executrix of his estate. She held a claim against her husband's estate for $ 10,000 which she had loaned him in his lifetime. As a creditor of his estate she chose not to collect this $ 10,000 debt due her from the estate, but elected instead to receive the net income from the estate.
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Decedent, who was granted under her husband's will the income for life from his residuary estate, was also the executrix of his estate. She held a claim against her husband's estate for $ 10,000 which she had loaned him in his lifetime. As a creditor of his estate she chose not to collect this $ 10,000 debt due her from the estate, but elected instead to receive the net income from the estate. At her death in 1945, the claim for $ 10,000 was barred by the statute of limitations. The entire assets of the husband's estate were distributed to his daughter as the remainderman under his will, and…
1Opinion of the Court
OPINION.
Black, Judge:
The question for us to decide is whether the $10,000 which decedent loaned to her husband in 1933, as described in our findings of fact, is includible in decedent’s gross estate under section 811 (a) and/or (c) of the Internal Revenue Code, as respondent has determined. If it is includible under either 811 (a) or 811 (c), respondent, of course, should prevail.
We shall first consider whether the $10,000 is includible in decedent’s-gross estate under section 811 (a) of the code, which is printed in the margin.1
Respondent argues that the $10,000 claim against the estate of…
2Cases cited6 opinions
- Walker v. CommissionerUnited States Tax Court · 1944
- Clad's EstateSupreme Court of Pennsylvania · 1906
- Estate of KuhlmanSupreme Court of Pennsylvania · 1897
- Hoch's AppealSupreme Court of Pennsylvania · 1853
- Estate of KuhlmanSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- The Estate of Grace E. Lang, Deceased. Richard E. Lang v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
- Estate of Kinney v. CommissionerUnited States Tax Court · 1963
- Gray v. CommissionerUnited States Tax Court · 1950
- Beggs v. CommissionerUnited States Tax Court · 1949
- Estate of Kinney v. CommissionerUnited States Tax Court · 1963
3 more not listed; retrieve them via the Exa API.