Rice v. Commissioner
United States Tax Court
Petitioners' decedent, who died May 26, 1941, acquired through the will of his wife, who died August 12, 1937, and named him the executor of her estate and sole legatee thereof, certain specified items of real and personal property, the value of which at the time of her death was $ 72,518.12. Decedent's wife was indebteded to him to the extent of $ 54,500. Her gross estate was valued at $ 112,228.10. The decedent duly qualified as executor of his wife's estate on September…
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Petitioners' decedent, who died May 26, 1941, acquired through the will of his wife, who died August 12, 1937, and named him the executor of her estate and sole legatee thereof, certain specified items of real and personal property, the value of which at the time of her death was $ 72,518.12. Decedent's wife was indebteded to him to the extent of $ 54,500. Her gross estate was valued at $ 112,228.10. The decedent duly qualified as executor of his wife's estate on September 13, 1937. No other proceedings in the administration of the estate were taken and no final accounting thereof was ever…
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The issue before us is whether certain items of property, assets of the estate of Adele Stern Eice, deceased, specifically described and identified and valued at stipulated figures, were received by George Eice, the decedent in the case at bar, by bequest, devise, or inheritance, or were acquired by him as a creditor of her estate. If he received them by bequest, devise, or inheritance, section 812 (c), Internal Revenue Code (as amended by section 407 of the Revenue Act of 1942)1 is applicable.
The respondent defines his position as follows:
* * * It is not because the…
2Cases cited1 opinion
- Estate of Wilkinson v. CommissionerUnited States Tax Court · 1945
3Cited by1 opinion
- Rice v. CommissionerUnited States Tax Court · 1946