Atwood v. Commissioner
United States Board of Tax Appeals
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
*745OPINION.
Smith:
The first contention of the petitioner is that the administration of the estate of Eugene Atwood was completed on March 31, 1928, and that no part of the income of the estate which was received by the executors prior to that date and paid over to the petitioner afterwards is taxable to the petitioner. In making this contention the petitioner relies, first, on article 863 of Regulations 74, which provides in part:
* ⅜ ⅜ a pel.j0(j 0f administration or settlement of the estate ” is the period required by the executor or administrator to perform the ordinary duties pertaining to…
2Cases cited1 opinion
- Helvering v. ButterworthSupreme Court of the United States · 1933
3Cited by2 opinions
- Atwood v. CommissionerUnited States Board of Tax Appeals · 1934
- Bok v. CommissionerUnited States Board of Tax Appeals · 1935