Larkin v. Commissioner
United States Tax Court
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
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of MohrNew York Surrogate's Court · 1938
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mosells Silvey Pitner v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Estate of Ruxton v. CommissionerUnited States Tax Court · 1953
- Ruxton v. CommissionerUnited States Tax Court · 1953
- Estate of Alexander K. Sessoms, Liberty Nat'l Bank & Trust Co. v. CommissionerUnited States Tax Court · 1949
- Estate of Koss v. CommissionerUnited States Tax Court · 1994
3 more not listed; retrieve them via the Exa API.