Pletz v. Commissioner
United States Board of Tax Appeals
An executor acting as trustee was entitled to retain certain commissions and others upon rendering an annual account to the beneficiaries of all his receipts and disbursements. He did not render accounts showing commissions earned or retained, withheld only a part, and was not credited with the remainder by the estate.
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An executor acting as trustee was entitled to retain certain commissions and others upon rendering an annual account to the beneficiaries of all his receipts and disbursements. He did not render accounts showing commissions earned or retained, withheld only a part, and was not credited with the remainder by the estate. In a later year his account was judicially settled, he paid himself the commissions, and filed income tax return including same in income, but later filed amended returns for all years claiming constructive receipt of the commissions in earlier years. Held, there was no…
1Opinion of the Court
*143OPINION.
Dtsnet:
The only question left for our consideration here (after certain concessions made which will be reflected under Kule 50) is one of constructive receipt of income. The petitioner in 1936 closed his executorship of the Daniel estate and received commissions to which the law entitled him, in the amount of approximately thirty thousand dollars. These he reported as income, but he later filed amended returns for 1936 and for the other years of his executorship, and allocated the income largely to the earlier years, upon the theory that the law entitled him to retain the commissions…
2Cases cited4 opinions
- Eisner v. MacOmberSupreme Court of the United States · 1920
- Corliss v. BowersSupreme Court of the United States · 1930
- Freuler v. HelveringSupreme Court of the United States · 1934
- Massachusetts Mutual Life Insurance v. United StatesSupreme Court of the United States · 1933
3Cited by8 opinions
- Helvering v. McGlue's EstateCourt of Appeals for the Fourth Circuit · 1941
- Estate of Snider v. CommissionerUnited States Tax Court · 1962
- Buscaglia v. Tribunal de Contribuciones de Puerto RicoSupreme Court of Puerto Rico · 1945
- Whitson v. CommissionerUnited States Tax Court · 1944
- Estate of Snider v. CommissionerUnited States Tax Court · 1962
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