Legal Opinion

Stewart v. Commissioner

United States Board of Tax Appeals

Decided September 27, 1934No. Docket No. 67776PublishedCited by 11 opinions

1. The fair market value of certain shares of stock and of fractional interests in certain parcels of real estate at the date of the decedent's death determined from the evidence. 2. Attorneys' fees which the executors and the beneficiaries of the estate have agreed to pay for legal services rendered the estate but have not actually paid are a proper deduction from the gross estate.

1Opinion of the Court

OPINION.

Smith :

This proceeding is for the redetermination of a deficiency in estate tax in the amount of $72,131.64. The questions for the determination of the Board relate to (1) the fair value of 3,639 shares of stock of the Rhinelander Real Estate Co. at the date of the death of the decedent on September 4, 1929; (2) what percentage of deduction, if any, should be allowed from the mathematical fraction in determining the value of one-fifth and one-third undivided interests in real estate constituting a part of the estate of the decedent; (3) the right to deduct from the gross estate…

2Cases cited7 opinions

  1. Ray Consolidated Copper Co. v. United StatesSupreme Court of the United States · 1925
  2. Irving Bank-Columbia Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1929
  3. Loetscher v. CommissionerUnited States Board of Tax Appeals · 1928
  4. Baer v. CommissionerUnited States Board of Tax Appeals · 1926
  5. Lamport v. CommissionerUnited States Board of Tax Appeals · 1933

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Drybrough v. United StatesDistrict Court, W.D. Kentucky · 1962
  2. Estate of Johnson v. CommissionerUnited States Tax Court · 1981
  3. Winkle v. United StatesDistrict Court, W.D. Pennsylvania · 1958
  4. Estate of Tompkins v. CommissionerUnited States Tax Court · 1961
  5. Cain v. CommissionerUnited States Board of Tax Appeals · 1941

6 more not listed; retrieve them via the Exa API.

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