Johnstone v. Commissioner (A)
United States Tax Court
Estate Tax -- Nonresident Alien -- Gross Estate -- Property Subject to Mortgage -- Full Value or Only Equity of Redemption -- Sections 861 (a) (1), 812 (b) (4) -- Regulations 105, Section 81.38. -- Only the equity of redemption in United States real property need be included in the gross estate of a nonresident alien under Regulations 105, section 81.38 which is in accordance with Congressional intention as indicated by section 812 (b) (4) of the Internal Revenue Code.
1Opinion of the Court
Estate of Harcourt Johnstone, Charles Edward Murray Elliott, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent
Johnstone v. Commissioner (A)
Docket No. 26760
United States Tax Court
19 T.C. 44; 1952 U.S. Tax Ct. LEXIS 69;
October 20, 1952, Promulgated
Decision will be entered under Rule 50.
Estate Tax -- Nonresident Alien -- Gross Estate -- Property Subject to Mortgage -- Full Value or Only Equity of Redemption -- Sections 861 (a) (1), 812 (b) (4) -- Regulations 105, Section 81.38. -- Only the equity of redemption in United States real property need be included in the gross…
Also in this document: Dissent.
2Cases cited4 opinions
- City Bank Farmers' Trust Co. v. BowersCourt of Appeals for the Second Circuit · 1934
- Rodiek v. HelveringCourt of Appeals for the Second Circuit · 1937
- Johnstone v. Commissioner (A)United States Tax Court · 1952
- City Bank Farmers' Trust Co. v. BowersDistrict Court, S.D. New York · 1932