Brinckerhoff v. Commissioner
United States Tax Court
A testatrix directed her executor to sell certain real estate and distribute the proceeds among the four taxpayers as legatees. After holding the real estate for several years, the executor organized a corporation, to which he transferred the real estate, and he had the corporation issue all its shares to the legatees. In 1941 the corporation conveyed the land to them as a liquidating dividend.
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A testatrix directed her executor to sell certain real estate and distribute the proceeds among the four taxpayers as legatees. After holding the real estate for several years, the executor organized a corporation, to which he transferred the real estate, and he had the corporation issue all its shares to the legatees. In 1941 the corporation conveyed the land to them as a liquidating dividend. The value of the real estate at decedent's death was less than its value at the time of transfer to the corporation. Held: (1) Under New York law title to the real estate was vested in the executor and…
1Opinion of the Court
John H. Brinckerhoff and Melba Brinckerhoff, Petitioners, v. Commissioner of Internal Revenue, Respondent. John Stephan and C. Eleanor B. Stephan, Petitioners, v. Commissioner of Internal Revenue, Respondent. Beatrice Clary Davids, Petitioner, v. Commissioner of Internal Revenue, Respondent. George B. Clary, Petitioner, v. Commissioner of Internal Revenue, Respondent
Brinckerhoff v. Commissioner
Docket Nos. 8905, 8906, 8907, 8908
United States Tax Court
8 T.C. 1045; 1947 U.S. Tax Ct. LEXIS 203;
May 14, 1947, Promulgated
Decisions will be entered under Rule 50.
A testatrix directed her executor to…
Also in this document: Dissent.
2Cases cited10 opinions
- Brewster v. GageSupreme Court of the United States · 1930
- Anderson v. WilsonSupreme Court of the United States · 1933
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Delafield v. . BarlowNew York Court of Appeals · 1887
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