Helis v. Commissioner
United States Tax Court
Decedent died July 25, 1950, while domiciled in Louisiana. He was survived by his wife, a son, and three daughters, all of maturity. He left a gross estate of over $ 5,000,000 as his share of the community.
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Decedent died July 25, 1950, while domiciled in Louisiana. He was survived by his wife, a son, and three daughters, all of maturity. He left a gross estate of over $ 5,000,000 as his share of the community. There were community debts at the time of his death of $ 713,180.50 to be paid out of the community property of over $ 10,000,000 and liquid assets with which to pay them of over $ 2,000,000. The administration of the community was unnecessary except for the purpose of facilitating the computation and payment of the State and Federal inheritance and estate taxes due from the decedent's…
1Opinion of the Court
OPINION.
ARundell, Judge:
Section 812 (b) (2) of the Internal Revenue Code of 1939 provides that for the purpose of the estate tax the value of the net estate shall be determined “by deducting from the value of the gross estate * * * such amounts * * * for administration expenses * * * as are allowed by the laws of the jurisdiction * * * under which the estate is being administered * * Section 81.32 of Treasury Regulations 105, relating to the estate tax under the 1939 Code, provides that “Administration expenses include (1) executor’s commissions; (2) attorney’s fees; and (3) miscellaneous…
2Cases cited5 opinions
- Dixon v. Dixon's ExecutorsSupreme Court of Louisiana · 1832
- Succession of HelisSupreme Court of Louisiana · 1954
- Vaccaro v. United StatesDistrict Court, E.D. Louisiana · 1944
- Gannett v. CommissionerUnited States Tax Court · 1955
- McCullough v. United StatesDistrict Court, W.D. Louisiana · 1955
3Cited by1 opinion
- Helis v. CommissionerUnited States Tax Court · 1956