McGlue v. Commissioner
United States Board of Tax Appeals
1. An executor in the District of Columbia is not entitled to fees or commissions until completion of the administration of the estate and the allowance of such fees or commissions by the Probate Court.
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1. An executor in the District of Columbia is not entitled to fees or commissions until completion of the administration of the estate and the allowance of such fees or commissions by the Probate Court. Held, that such fees or commissions are not includable in the gross income of the decedent, who died during the administration of the estate of which he was acting as executor, as income accrued at the time of his death. 2. A dividend on shares of stock which decedent owned at the time of his death was declared prior to his death but was payable to the stockholders of record on a date…
1Opinion of the Court
*1188OPINION.
Smith:
The first question for our determination is whether the executors’ fees or commissions from the estates of B. F. Saul and James F. Shea are includable in the gross income of the estate of the decedent, G. Percy McGlue, for the year in which his death occurred.
Section 42 of the Revenue Act of 1934 provides:
*1189SEO. 42. PERIOD IN WHICH ITEMS OE GROSS INCOME INCLUDED.
The amount of all items of gross income shall he included in the gross income for the taxable year in which received by the taxpayer, unless, under methods of accounting permitted under section 41, any such amounts are to…
2Cases cited5 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
- Jackson v. SmietankaCourt of Appeals for the Seventh Circuit · 1921
- Washington Loan & Trust Co. v. Convention of Protestant Episcopal Church of the Diocese of WashingtonCourt of Appeals for the D.C. Circuit · 1923
- Brosnan v. FoxCourt of Appeals for the D.C. Circuit · 1922
3Cited by6 opinions
- Estate of Curry v. CommissionerUnited States Tax Court · 1980
- Helvering v. McGlue's EstateCourt of Appeals for the Fourth Circuit · 1941
- Estate of Curry v. CommissionerUnited States Tax Court · 1980
- Estate of McGlue v. CommissionerUnited States Tax Court · 1943
- Ledyard v. CommissionerUnited States Board of Tax Appeals · 1941
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