Esperson v. Commissioner
United States Board of Tax Appeals
1. The evidence is insufficient to justify the conclusion that a "written request" had been made by an "executor, administrator, or other fiduciary representing the estate" of the decedent which would start running the one-year statutory period provided in section 250(d), Revenue Act of 1921, with respect to income received during the lifetime of the decedent. 2. Purported sale of stock by decedent for the purpose of establishing a loss for income-tax purposes, held not to…
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1. The evidence is insufficient to justify the conclusion that a "written request" had been made by an "executor, administrator, or other fiduciary representing the estate" of the decedent which would start running the one-year statutory period provided in section 250(d), Revenue Act of 1921, with respect to income received during the lifetime of the decedent. 2. Purported sale of stock by decedent for the purpose of establishing a loss for income-tax purposes, held not to have been a bona fide sale.
1Opinion of the Court
LittletoN :
There are two questions in this case, one being a question of limitation and the other the tona fides, or, rather, whether an actual sale was made of certain securities.
Section 250 (cl) of the Revenue Act of 1921, being a limitation statute, wherein the limitation periods, generally, are four or five yeais (as it applies to the several Acts) contains this proviso:
That in the case of income received during the lifetime of a decedent, all taxes due thereon shall be determined and assessed by the Commissioner within one year after written request therefor by the executor,…
2Cited by8 opinions
- Blumenthal v. CommissionerUnited States Board of Tax Appeals · 1934
- Brochon v. CommissionerUnited States Board of Tax Appeals · 1934
- Winger v. CommissionerUnited States Board of Tax Appeals · 1934
- Wood v. CommissionerUnited States Board of Tax Appeals · 1935
- Beverly Wall Paper Co. v. CommissionerCourt of Appeals for the Third Circuit · 1938
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