McKee v. Commissioner
United States Board of Tax Appeals
The petitioner made income-tax returns for the estate of which she was administratrix upon the basis of the calendar year. The Federal estate tax and certain inheritance taxes payable by the estate were not paid until after the close of the first calendar year for which a return was made.
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The petitioner made income-tax returns for the estate of which she was administratrix upon the basis of the calendar year. The Federal estate tax and certain inheritance taxes payable by the estate were not paid until after the close of the first calendar year for which a return was made. Held, that the liability of the estate to income tax may not be determined upon the basis of a fiscal year merely for the purpose of enabling the estate to get the greatest benefit from the deduction of such taxes.
1Opinion of the Court
*1384OPINION.
Smith:
The petitioner made income-tax returns for the estate of which she is administratrix upon the basis of the calendar year. The first return filed was of the income of the estate from the date óf the death of the decedent to December 81, 1921, and the second return from January 1,1922, to July 3,1922. In the return filed for the calendar year 1921, the respondent has permitted the deduction of all taxes paid in the calendar year 1921. He has not determined any deficiency in income tax for such portion of the period of administration as fell within the cale.ndar year 1922. The…
2Cases cited1 opinion
- United States v. MitchellSupreme Court of the United States · 1926
3Cited by3 opinions
- Dulin v. CommissionerUnited States Board of Tax Appeals · 1932
- McKee v. CommissionerUnited States Board of Tax Appeals · 1928
- Parks-Chambers, Inc. v. CommissionerUnited States Board of Tax Appeals · 1942