Cotnam v. Commissioner
United States Tax Court
In June 1940, petitioner entered into a verbal agreement with Hunter, under which she agreed to quit her employment and to move into an apartment or residence in Mobile, Alabama, and thereafter render services and attention to Hunter during his remaining lifetime as an attendant or friend, in consideration of which he agreed to make a will by the terms of which she would at his death be bequeathed by him, or receive from his estate thereunder, a sum equal to one-fifth of the…
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In June 1940, petitioner entered into a verbal agreement with Hunter, under which she agreed to quit her employment and to move into an apartment or residence in Mobile, Alabama, and thereafter render services and attention to Hunter during his remaining lifetime as an attendant or friend, in consideration of which he agreed to make a will by the terms of which she would at his death be bequeathed by him, or receive from his estate thereunder, a sum equal to one-fifth of the value of his estate at the time of his death. The agreement and services were performed on petitioner's part, but…
1Opinion of the Court
OPINION.
TurNer, Judge:
The first issue is whether respondent erred by including in income the $120,000 received by petitioner from the estate ■ of Thomas Shannon Hunter. Respondent determined that the amount was gross income within the purview of section 22 of the Internal Revenue Code of 1939. His position is that petitioner’s claim against the estate and her lawsuits which resulted in the judgment for $120,000 were based on a breach of contract by the decedent, Hunter.
Petitioner contends, first, that none of the $120,000 is taxable because it was in the nature of a bequest, and secondly,…
2Cases cited8 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Smith v. CommissionerUnited States Tax Court · 1951
- Burnet v. PorterSupreme Court of the United States · 1931
- McIlhenny v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1930
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Ethel West Cotnam v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
- Kenseth v. CommissionerUnited States Tax Court · 2000
- O'Brien v. CommissionerUnited States Tax Court · 1962
- Petersen v. CommissionerUnited States Tax Court · 1962
- Campbell v. CommissionerUnited States Tax Court · 2010
39 more not listed; retrieve them via the Exa API.