Legal Opinion

Estate of McCoy v. Commissioner

United States Tax Court

Decided July 3, 1968No. Docket No. 6348-66Published

Pursuant to a Probate Court decree, a widow's allowance was paid out of and charged to the estate's principal account. Held, sec. 1.661(a)-2(e), Income Tax Regs., invalid so far as here applicable. Held, further, the amounts distributed were deductible, under sec. 661(a), I.R.C. 1954, from the income of the estate.

1Opinion of the Court

Estate of Lawrence R. McCoy, Dorothy H. McCoy, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of McCoy v. Commissioner

Docket No. 6348-66

United States Tax Court

50 T.C. 562; 1968 U.S. Tax Ct. LEXIS 101;

July 3, 1968, Filed

Decision will be entered under Rule 50.

Pursuant to a Probate Court decree, a widow's allowance was paid out of and charged to the estate's principal account. Held, sec. 1.661(a)-2(e), Income Tax Regs., invalid so far as here applicable. Held, further, the amounts distributed were deductible, under sec. 661(a), I.R.C. 1954, from the income of the…

2Cases cited6 opinions

  1. Rensenhouse v. CommissionerUnited States Tax Court · 1956
  2. United States v. Mabel Davis JamesCourt of Appeals for the Ninth Circuit · 1964
  3. Buck v. McLaughlinCourt of Appeals for the Ninth Circuit · 1931
  4. Estate of McCoy v. CommissionerUnited States Tax Court · 1968
  5. MacMurray v. CommissionerUnited States Tax Court · 1951

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