Morton v. Commissioner
United States Board of Tax Appeals
1. ESTATE TAX. - The amount of inheritance tax paid by the estate to the State of Missouri allowed as a credit, subject to the limitation contained in section 301(b) of the Revenue Act of 1924. 2. Land owned by the decedent in Missouri at the time of his death is not subject to the expenses of administration of the estate, and the value thereof is not includable in the gross estate.
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1. ESTATE TAX. - The amount of inheritance tax paid by the estate to the State of Missouri allowed as a credit, subject to the limitation contained in section 301(b) of the Revenue Act of 1924. 2. Land owned by the decedent in Missouri at the time of his death is not subject to the expenses of administration of the estate, and the value thereof is not includable in the gross estate. Crooks v. Harrelson,282 U.S. 55. 3. The value of land in Missouri, held by decedent and his wife at the time of the death of the decedent as tenants by the entirety, is properly includable in the gross estate of…
1Opinion of the Court
*240OPINION.
McMahon:
At the hearing the petitioner waived the contention with regard to inheritance taxes paid to the State of New York. This assignment of error need, therefore, not be considered.
In his brief, the respondent conceded that the petitioner is entitled to a credit of $1,456.04, additional inheritance tax paid to the State of Missouri subject to the limitation contained in section 301 (b) of the Revenue Act of 1924, which provides:
The tax imposed by this section shall be credited with the amount of any estate, inheritance, legacy, or succession taxes actually paid to any State or…
2Cases cited6 opinions
- Crooks v. HarrelsonSupreme Court of the United States · 1930
- Tyler v. United StatesSupreme Court of the United States · 1930
- Ashbaugh v. AshbaughSupreme Court of Missouri · 1918
- Wilson v. FrostSupreme Court of Missouri · 1905
- Hume v. HopkinsSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Flick's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1948
- Boston Safe Deposit & T. Co. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1938
- Richardson v. CommissionerUnited States Board of Tax Appeals · 1934
- Ballinger v. CommissionerUnited States Board of Tax Appeals · 1931
- Carleton v. CommissionerUnited States Board of Tax Appeals · 1938
7 more not listed; retrieve them via the Exa API.