Caplan v. Commissioner
United States Tax Court
Held, an amount of $ 125,584.90 allegedly owing by petitioner's decedent to her husband's estate at the time of her death is not deductible under section 2053 of the Internal Revenue Code of 1954 since petitioner has failed to establish that such alleged indebtedness was a legally enforceable obligation.
1Opinion of the Court
Bruce, Judge:
Respondent determined a deficiency in the estate tax of petitioner in the amount of $50,546.90. The sole issue is whether the amount of $125,584.90 is deductible by petitioner as a debt under section 2053 of the Internal Revenue Code of 1954.
FINDINGS OF FACT
The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.
Sarah Caplan (hereinafter referred to as decedent) died on September 22,1958, a resident of Dallas, Tex. The Federal estate tax return for the estate of Sarah Caplan (hereinafter referred to as petitioner) was filed with the…
2Cases cited3 opinions
- First-Mechanics Nat. Bank v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1940
- Glascock v. CommissionerCourt of Appeals for the Fourth Circuit · 1939
- Estate of Clement v. CommissionerUnited States Tax Court · 1949
3Cited by5 opinions
- Estate of Lazar v. CommissionerUnited States Tax Court · 1972
- Yetta C. Levin, Independent of the Estate of Sarah Caplan v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1966
- Estate of Colley v. CommissionerUnited States Tax Court · 1980
- Caplan v. CommissionerUnited States Tax Court · 1964
- Estate of Lazar v. CommissionerUnited States Tax Court · 1972