Legal Opinion

Larkin v. Commissioner

United States Tax Court

Decided August 5, 1949No. Docket No. 15816PublishedCited by 8 opinions

Executor's commissions, although neither awarded by decree nor paid, held, deductible from gross estate, the amount claimed being a reasonable estimate of the amount allowable by the laws of the jurisdiction in which the estate is being administered.

1Opinion of the Court

OPINION.

Van Fossan, Judge:

The petitioner contends that under the law of New York executor’s commissions in the amount of $9,686.30, computed at the statutory rates on the value of the gross estate as adjusted by the Commissioner ($492,815.11), less the value of the real estate ($9,500), are allowable as a deduction in computing the net estate under section 812 (b) of the Internal Revenue Code.

The respondent in his brief concedes that statutory commissions on approximately $140,000, the amount received and disbursed by the executor, have been earned by petitioner and should be allowed as a…

2Cases cited16 opinions

  1. Johnson v. . LawrenceNew York Court of Appeals · 1884
  2. In Re the Accounting of ZieglerNew York Court of Appeals · 1916
  3. In re the Estate of WitkindNew York Surrogate's Court · 1938
  4. Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
  5. In re the Estate of MohrNew York Surrogate's Court · 1938

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3Cited by8 opinions

  1. Mosells Silvey Pitner v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  2. Estate of Ruxton v. CommissionerUnited States Tax Court · 1953
  3. Ruxton v. CommissionerUnited States Tax Court · 1953
  4. Estate of Alexander K. Sessoms, Liberty Nat'l Bank & Trust Co. v. CommissionerUnited States Tax Court · 1949
  5. Estate of Koss v. CommissionerUnited States Tax Court · 1994

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

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