Bull v. Commissioner
United States Board of Tax Appeals
1. Estate tax accrues at time of death and not when payable. 2. The word "accrue" has no definite meaning but must be interpreted in accordance with the statutory requirement that the accounts must clearly reflect income. 3. Estate tax and income tax are different in kind and incidence and are not mutually exclusive because imposed in respect of the same matter. Such double tax is not invalid.
1Opinion of the Court
*994OPINION.
SteRnhagen :
The testator died on February 13, 1920, and his executor immediately placed the accounts of the estate “ upon an accrual basis.” The estate tax was not paid until 1921. The first of the two issues is, whether the net income of the estate for the period February 13, 1920, to December 31, 1920, inclusive, should be determined by deducting the Federal estate tax imposed under Title IY, Revenue Act of 1918. The petitioner says it should, and that the respondent has erroneously held that the estate tax accrued in 1921 and hence should not be deducted in 1920.
When the petition…
2Cases cited16 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Knowlton v. MooreSupreme Court of the United States · 1900
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Irwin v. GavitSupreme Court of the United States · 1925
- New Jersey v. AndersonSupreme Court of the United States · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Crossett Lumber Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1937
- Manufacturers Aircraft Ass'n v. United StatesUnited States Court of Claims · 1933
- Sletteland v. CommissionerUnited States Tax Court · 1965
- Bravo v. Tesorero de Puerto RicoSupreme Court of Puerto Rico · 1954
- Brooks v. United StatesUnited States Court of Claims · 1934
18 more not listed; retrieve them via the Exa API.