Legal Opinion

Bankers' Trust Co. v. Bowers

District Court, S.D. New York

Decided January 30, 1928PublishedCited by 5 opinions

1Opinion of the CourtThacher, District Judge

(after stating the facts as above). The sole question is whether profits upon the sale of property, acquired by a. decedent during his lifetime and sold by his estate, after his death, are to be calculated for income tax purposes upon the value of the property as of the time of death, or upon its cost to the decedent during his life.

By section 219 (a) of-the Revenue Act of 1926 (26 USCA § 960, subd. [a]) the income tax imposed upon individuals is applied to “the income of estates,” including income received by estates of deceased persons during the period of administration or settlement, of…

2Cases cited5 opinions

  1. Doyle v. Mitchell Brothers Co.Supreme Court of the United States · 1918
  2. Bankers' Trust Co. v. BowersCourt of Appeals for the Second Circuit · 1923
  3. Bingham v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1924
  4. McKinney v. United StatesUnited States Court of Claims · 1926
  5. Catherwood v. United StatesDistrict Court, E.D. Pennsylvania · 1922

3Cited by5 opinions

  1. Eldredge v. United StatesCourt of Appeals for the Sixth Circuit · 1929
  2. Hartley v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
  3. Elmhirst v. United StatesUnited States Court of Claims · 1930
  4. Commissioner of Internal Revenue v. MaguireCourt of Appeals for the Seventh Circuit · 1940
  5. Myers v. United StatesUnited States Court of Claims · 1931

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