Legal Opinion

Atwood v. Commissioner

United States Board of Tax Appeals

Decided January 11, 1934No. Docket No. 57390Published

In lieu of her statutory dower interest in her deceased husband's estate the petitioner took under the provisions of the decedent's will, by which he left the residue of his estate in trust, the income therefrom, except for a small annuity to a servant, to be paid to the petitioner for life.

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In lieu of her statutory dower interest in her deceased husband's estate the petitioner took under the provisions of the decedent's will, by which he left the residue of his estate in trust, the income therefrom, except for a small annuity to a servant, to be paid to the petitioner for life. Held, that the capital value of the statutory dower interest of the widow has no bearing upon the determination of petitioner's tax liability, but that she is taxable as a beneficiary upon the entire amount paid to her within the year by the trustees.

1Opinion of the Court

ANNIE C. ATWOOD, PETITIONER, V. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Atwood v. Commissioner

Docket No. 57390.

United States Board of Tax Appeals

29 B.T.A. 740; 1934 BTA LEXIS 1489;

January 11, 1934, Promulgated

In lieu of her statutory dower interest in her deceased husband's estate the petitioner took under the provisions of the decedent's will, by which he left the residue of his estate in trust, the income therefrom, except for a small annuity to a servant, to be paid to the petitioner for life. Held, that the capital value of the statutory dower interest of the widow has no bearing…

2Cases cited1 opinion

  1. Atwood v. CommissionerUnited States Board of Tax Appeals · 1934

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