Sletteland v. Commissioner
United States Tax Court
Held, that the principal petitioner is not entitled to a deduction, under section 642(h) of the 1954 Code, for a claimed excess of the deductions over the gross income of the estate of his deceased father for the year of termination of the estate. Said excess of deductions amounted to only $ 36.73, and not $ 17,512 claimed by petitioner; and, since petitioner was not a beneficiary of the estate, even this reduced excess is not available to him as a deduction.
1Opinion of the Court
OPINION
Pierce, Judge:
The respondent determined a deficiency in the income taxes of the petitioners for the taxable calendar year 1960 in the amount of $4,442.74.
The sole issue for decision is whether section 642(h) of the 1954 Code and the regulations promulgated thereunder furnish warrant, for the principal petitioner’s deduction of $17,512 on his 1960 return, representing an alleged excess of deductions over gross income of the estate of his deceased father, upon the asserted termination of the estate in its fiscal year ended February 20,1960.
All of the facts were stipulated. The stipulated…
2Cases cited13 opinions
- Neave v. CommissionerUnited States Tax Court · 1952
- Bull v. CommissionerUnited States Board of Tax Appeals · 1927
- Langford Inv. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1935
- The Prudential Insurance Co. v. BeckCalifornia Court of Appeal · 1940
- Austin v. CommissionerUnited States Board of Tax Appeals · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mueller v. CommissionerUnited States Tax Court · 1973
- Estate of O'Connor v. CommissionerUnited States Tax Court · 1977
- Richardson v. United StatesDistrict Court, C.D. California · 1974
- Nemser v. CommissionerUnited States Tax Court · 1976
- Barringer v. CommissionerUnited States Tax Court · 1972
5 more not listed; retrieve them via the Exa API.