Legal Opinion

Smith v. Commissioner

United States Board of Tax Appeals

Decided April 19, 1927No. Docket No. 7750Published

Commissions, payable to a trustee of a trust fund, which has been administered by the executor, are not deductible under section 403(a)(1) of the Revenue Act of 1918, as administrative expenses allowable under the laws of New York.

1Opinion of the Court

J. PERCIVAL SMITH AND CLAUDE HAMILTON, EXECUTORS, ESTATE OF JAMES P. SMITH, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Smith v. Commissioner

Docket No. 7750.

United States Board of Tax Appeals

6 B.T.A. 911; 1927 BTA LEXIS 3378;

April 19, 1927, Promulgated

Commissions, payable to a trustee of a trust fund, which has been administered by the executor, are not deductible under section 403(a)(1) of the Revenue Act of 1918, as administrative expenses allowable under the laws of New York.

Charles J. McDermott, Esq., for the petitioners.

John F. Greaney, Esq., for the respondent.

MILLIKEN

Th…

2Cases cited2 opinions

  1. Olcott v. . BaldwinNew York Court of Appeals · 1907
  2. Smith v. CommissionerUnited States Board of Tax Appeals · 1927

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