Legal Opinion

Estate of Ballard v. Commissioner

United States Tax Court

Decided August 20, 1985No. Docket No. 32658-83Published

Decedent, a U.S. citizen and domiciliary, died owning real property in Canada. Petitioner-estate paid tax to Canada pursuant to the Canadian Income Tax Act of 1971, ch. 63, Can. Stat. (1970-71-72), as amended. The tax paid to Canada was computed on the difference between the value of the real property on the date of death and the value of the property on Jan. 1, 1972, the date the relevant provisions of the Canada Income Tax Act became effective.

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Decedent, a U.S. citizen and domiciliary, died owning real property in Canada. Petitioner-estate paid tax to Canada pursuant to the Canadian Income Tax Act of 1971, ch. 63, Can. Stat. (1970-71-72), as amended. The tax paid to Canada was computed on the difference between the value of the real property on the date of death and the value of the property on Jan. 1, 1972, the date the relevant provisions of the Canada Income Tax Act became effective. Held, the tax paid to Canada is not an estate tax for which a credit is allowable under sec. 2014(a), I.R.C. 1954. Held, further, the Canadian tax…

1Opinion of the Court

Estate of Claire M. Ballard, Deceased, Shirley A. Webster, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Ballard v. Commissioner

Docket No. 32658-83

United States Tax Court

85 T.C. 300; 1985 U.S. Tax Ct. LEXIS 46; 85 T.C. No. 17;

August 20, 1985, Filed

Decision of no deficiency and no overpayment will be entered.

Decedent, a U.S. citizen and domiciliary, died owning real property in Canada. Petitioner-estate paid tax to Canada pursuant to the Canadian Income Tax Act of 1971, ch. 63, Can. Stat. (1970-71-72), as amended. The tax paid to Canada was computed on the…

2Cases cited11 opinions

  1. Knowlton v. MooreSupreme Court of the United States · 1900
  2. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  3. Biddle v. CommissionerSupreme Court of the United States · 1938
  4. Keasbey & Mattison Co. v. RothensiesCourt of Appeals for the Third Circuit · 1943
  5. Commissioner of Internal Revenue v. The American Metal Co., Limited, the American Metal Co., Limited v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1955

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