Heide v. Commissioner
United States Tax Court
Petitioner was one of the trustees of four trusts created by his father for the benefit of petitioner's four sisters. In 1939 the trustees instituted proceedings in the Supreme Court of New York for an intermediate accounting, which was subsequently extended into a final accounting, and in this proceeding petitioner and the other three trustees claimed commissions on income and principal of the trusts which they had administered.
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Petitioner was one of the trustees of four trusts created by his father for the benefit of petitioner's four sisters. In 1939 the trustees instituted proceedings in the Supreme Court of New York for an intermediate accounting, which was subsequently extended into a final accounting, and in this proceeding petitioner and the other three trustees claimed commissions on income and principal of the trusts which they had administered. The proceeding was contested by certain remaindermen and a special guardian appointed by the court to protect the interests of infant and incompetent remaindermen.…
1Opinion of the Court
OPINION.
Black, Judge'.
The Commissioner has determined a deficiency of $1,528.48 in petitioner’s income tax for the year 1943. The deficiency is due to the Commissioner’s action in disallowing as a deduction a payment of $3,000 which the petitioner made in the taxable year as a surcharge in connection with his trusteeship in four trusts. The adjustment is explained in the deficiency notice as follows:(a) It Is held that the deduction of $3,000.00 claimed for surcharge paid in connection with judicial settlement of trust accounts is not allowable under section 23(a)(2) of the Internal Revenue…
2Cases cited4 opinions
- Commissioner v. HeiningerSupreme Court of the United States · 1943
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Connelly v. CommissionerUnited States Tax Court · 1946
3Cited by14 opinions
- Josephs v. CommissionerUnited States Tax Court · 1947
- Commissioner of Internal Revenue v. HeideCourt of Appeals for the Second Circuit · 1948
- Commissioner of Internal Revenue v. JosephsCourt of Appeals for the Eighth Circuit · 1948
- Fayen v. CommissionerUnited States Tax Court · 1960
- Macy v. CommissionerUnited States Tax Court · 1952
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