Legal Opinion

Paschkes v. Comm'r

United States Tax Court

Decided December 2, 1969No. Docket No. 4808-65Unpublished

Petitioner, the widow of the former president of Astron Corporation, received funds from Astron for a limited period of time after her husband's death. The payments were made pursuant to two resolutions of the board of directors.

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Petitioner, the widow of the former president of Astron Corporation, received funds from Astron for a limited period of time after her husband's death. The payments were made pursuant to two resolutions of the board of directors. Upon all of the evidence, it is held that the dominant reason for the resolutions and the payments was a genuine, detached, disinterested, donative desire to do something for petitioner during the period of adjustment following her husband's death; that business reasons and purposes were not the predominant motive; Astron did not receive any real benefit; and the…

1Opinion of the Court

Pauline F. Paschkes v. Commissioner.

Paschkes v. Comm'r

Docket No. 4808-65.

United States Tax Court

T.C. Memo 1969-256; 1969 Tax Ct. Memo LEXIS 39; 28 T.C.M. (CCH) 1318; T.C.M. (RIA) 69256;

December 2, 1969, Filed.

Petitioner, the widow of the former president of Astron Corporation, received funds from Astron for a limited period of time after her husband's death. The payments were made pursuant to two resolutions of the board of directors. Upon all of the evidence, it is held that the dominant reason for the resolutions and the payments was a genuine, detached, disinterested, donative desire to do…

2Cases cited18 opinions

  1. Commissioner v. DubersteinSupreme Court of the United States · 1960
  2. Ruth T. Lengsfield, Coralie Mayer Lengsfield and Blanche L. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
  3. Eva L. Gaugler, on Behalf of Herself and as Under the Last Will and Testament of Raymond C. Gaugler, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1963
  4. Pierpont v. CommissionerUnited States Tax Court · 1960
  5. Luntz v. CommissionerUnited States Tax Court · 1958

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