Davies v. Commissioner
United States Tax Court
Gross Income -- Exclusions -- Compromise of Claim Against Estate -- Sec. 22 (b) (3), I. R. C. 1939. -- An amount received in compromise of a claim against an intestate decedent's estate based upon an oral contract whereby the decedent promised to take care of the taxpayer in his will in exchange for the taxpayer's personal services is includible in gross income and is not excluded as a gift, bequest, devise, or inheritance under section 22 (b) (3).
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined a deficiency of $1,400.42 in the income tax of the petitioners for 1950. The only issue for decision is whether the Commissioner erred by including in income $8,500 received by Gertrude from the estate of Richard J. Tivnen. The facts have been presented by a stipulation which is adopted as the findings of fact.
The petitioners are husband and wife. They filed a joint income tax return for 1950 with the collector of internal revenue for the first district of Illinois.
Gertrude C. Davies commenced to work for Dr. Richard J. Tivnen in October 1931…
2Cited by16 opinions
- Ethel West Cotnam v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
- Cotnam v. CommissionerUnited States Tax Court · 1957
- Wolder v. CommissionerCourt of Appeals for the Second Circuit · 1974
- Marianne Crocker Elrick v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1973
- Mariani v. CommissionerUnited States Tax Court · 1970
11 more not listed; retrieve them via the Exa API.