Hines v. Commissioner
United States Board of Tax Appeals
Petitioners William A. Hines and Ernest W. Marlow, copartners, were retained as counsel by the executors of an estate, without entering into an agreement on the amount of their compensation. When the estate had been fully administered except for the payment of executors' commissions and the transfer of the assets of the estate to the residuary legatee, the executors agreed with counsel that their proposed fee was reasonable.
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Petitioners William A. Hines and Ernest W. Marlow, copartners, were retained as counsel by the executors of an estate, without entering into an agreement on the amount of their compensation. When the estate had been fully administered except for the payment of executors' commissions and the transfer of the assets of the estate to the residuary legatee, the executors agreed with counsel that their proposed fee was reasonable. Thereafter within the taxable year, the residuary legatee, a corporation formed by the executors to carry out certain provisions of the decedent's will, adopted a…
1Opinion of the Court
*1066OPINION.
Disnet:
Aside from interest in the amount of $2,500 for the six-month period prior to October 1, 1933, which was returned as taxable income, none of the fee or interest thereon was actually received by the partnership in 1933. The respondent included the amount of the fee, plus interest in the amount of $1,250 for the period from October 1, 1933, to the close of the year, in gross income of the partnership on the ground that it was constructively received in 1933. He adheres to the doctrine upon brief before us.
The inclusion in the partnership’s gross income of an amount for interest…
2Cases cited7 opinions
- Corliss v. BowersSupreme Court of the United States · 1930
- Massachusetts Mutual Life Insurance v. United StatesSupreme Court of the United States · 1933
- Edwards v. KeithCourt of Appeals for the Second Circuit · 1916
- Platt v. . PlattNew York Court of Appeals · 1887
- Parker v. . DayNew York Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Penn v. RobertsonCourt of Appeals for the Fourth Circuit · 1940
- Hughes v. CommissionerUnited States Tax Court · 1964
- Weathers v. CommissionerUnited States Tax Court · 1953
- Estate of Snider v. CommissionerUnited States Tax Court · 1962
- Whitson v. CommissionerUnited States Tax Court · 1944
7 more not listed; retrieve them via the Exa API.