Estate of Maycann v. Commissioner
United States Tax Court
A payment of $ 5,000 by a corporation to the widow of the deceased president of the corporation, held, to be a gift, excludible from gross income, rather than a dividend or compensation paid for past services rendered by the deceased president.
1Opinion of the Court
Arundell, Judge:
Respondent determined a deficiency in income tax against petitioners for the taxable year ended December 31, 1950, in the amount of $1,444.34. Identical notices of deficiency, except for salutation and addresses, were mailed to each petitioner.
The issues are: (1) Whether an amount of $5,000 received by petitioner Berenice W. Maycann from Hibbler-Bames Company in the taxable year ended December 31,1950, is a nontaxable gift or whether such amount constitutes taxable income either as a dividend or, in the alternative, as additional compensation for the past services of John A.…
2Cases cited4 opinions
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Ruth T. Lengsfield, Coralie Mayer Lengsfield and Blanche L. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
- Estate of Hellstrom v. CommissionerUnited States Tax Court · 1955
- Brayton v. WelchDistrict Court, D. Massachusetts · 1941
3Cited by13 opinions
- Fifth Ave. Coach Lines,Inc. v. CommissionerUnited States Tax Court · 1959
- Luntz v. CommissionerUnited States Tax Court · 1958
- Poyner v. CommissionerCourt of Appeals for the Fourth Circuit · 1962
- Poyner v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1962
- Estate of Olsen v. CommissionerCourt of Appeals for the Eighth Circuit · 1962
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