Legal Opinion

Connell v. Commissioner

United States Tax Court

Decided June 29, 1992No. Docket No. 28893-88Unpublished

In Estate of Killian v. Commissioner, T.C. Memo. 1987-365, the Court held that petitioner was an innocent spouse under section 6013(e). Respondent later determined that petitioner was liable for tax as a transferee of her deceased husband's estate. Sec. 6901. Petitioner received the homestead and other assets and liabilities as a result of her husband's death.

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In Estate of Killian v. Commissioner, T.C. Memo. 1987-365, the Court held that petitioner was an innocent spouse under section 6013(e). Respondent later determined that petitioner was liable for tax as a transferee of her deceased husband's estate. Sec. 6901. Petitioner received the homestead and other assets and liabilities as a result of her husband's death. Except for the homestead, the liabilities petitioner received as a result of her husband's death exceeded the assets. Held, petitioner's liability as a transferee is determined by Texas law. Commissioner v. Stern, 357 U.S. 39 (1958);…

1Opinion of the Court

MARJORIE E. CONNELL, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Connell v. Commissioner

Docket No. 28893-88

United States Tax Court

T.C. Memo 1992-366; 1992 Tax Ct. Memo LEXIS 390; 63 T.C.M. (CCH) 3190;

June 29, 1992, Filed

Decision will be entered for petitioner.

In Estate of Killian v. Commissioner, T.C. Memo. 1987-365, the Court held that petitioner was an innocent spouse under section 6013(e). Respondent later determined that petitioner was liable for tax as a transferee of her deceased husband's estate. Sec. 6901. Petitioner received the homestead and other assets and…

2Cases cited20 opinions

  1. United States v. RodgersSupreme Court of the United States · 1983
  2. Commissioner v. SternSupreme Court of the United States · 1958
  3. Mysse v. CommissionerUnited States Tax Court · 1972
  4. Woods v. Alvarado State BankTexas Supreme Court · 1929
  5. Gulf Paving Co. v. LofstedtTexas Supreme Court · 1945

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