Legal Opinion

McKee v. Commissioner

United States Board of Tax Appeals

Decided May 15, 1928No. Docket No. 12581Published

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

CLARA A. MCKEE, ADMINISTRATRIX, ESTATE OF CHARLES H. MCKEE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

McKee v. Commissioner

Docket No. 12581.

United States Board of Tax Appeals

11 B.T.A. 1381; 1928 BTA LEXIS 3628;

May 15, 1928, Promulgated

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…

2Cases cited1 opinion

  1. McKee v. CommissionerUnited States Board of Tax Appeals · 1928

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