Garrett v. Commissioner
United States Board of Tax Appeals
Executors paid to the petitioner, as principal beneficiary under her husband's will, amounts within the income of the taxable year Held, on the facts, that the payments are identified as made from income accumulated by the executors from earlier years which the estate had reported in its income tax return and that the amounts received were improperly included by the Commissioner in the petitioner's income for the taxable year.
1Opinion of the Court
*850OPINION.
Disney :
The petitioner was the principal beneficiary under the provisions of her husband’s will. In years previous to the taxable year, the executors had accumulated from income and had on hand at the beginning of the taxable year, 1934, the sum of $262,436.08. During the taxable year the estate had income of $132,701.73 (in addition to an amount paid to another beneficiary not here involved). During *851the taxable year the executors paid petitioner $294,526.45. Thereof $60,000 was paid by voucher marked “Payment on Account of Personalty Income for Year 1934.” Of the $60,000 the…
2Cases cited5 opinions
- Doyle v. Mitchell Brothers Co.Supreme Court of the United States · 1918
- Rickerson Roller-Mill Co. v. Farrell Foundry & Machine Co.Court of Appeals for the Sixth Circuit · 1896
- Snell v. RousseauMassachusetts Supreme Judicial Court · 1926
- McAllister v. ChambersWashington Supreme Court · 1913
- E. C. Gerhard Bldg. Co. v. City of DallasCourt of Appeals for the Fifth Circuit · 1924
3Cited by3 opinions
- Estate of Felix J. Dreyfous v. CommissionerUnited States Tax Court · 1952
- Garrett v. CommissionerUnited States Board of Tax Appeals · 1941
- Jones v. CommissionerUnited States Tax Court · 1943