Jones v. Commissioner
United States Tax Court
Executors of an estate had discretion to determine what amount in each year during administration of estate properly could be paid or credited to petitioner. In 1936 they paid her $ 11,000 and did not credit her with any greater amount. In 1937 they paid her $ 49,000, of which, according to the estate's accounts, $ 16,250.84 was out of 1936 accumulated income.
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Executors of an estate had discretion to determine what amount in each year during administration of estate properly could be paid or credited to petitioner. In 1936 they paid her $ 11,000 and did not credit her with any greater amount. In 1937 they paid her $ 49,000, of which, according to the estate's accounts, $ 16,250.84 was out of 1936 accumulated income. No evidence was introduced to show that the balance, $ 32,749.16, was not properly paid to petitioner out of the 1937 income of the estate. None of that amount was shown to have been paid out of 1936 income. Held, that $ 32,749.16 was…
1Opinion of the Court
Elizabeth T. Jones, Petitioner, v. Commissioner of Internal Revenue, Respondent
Jones v. Commissioner
Docket No. 107485
United States Tax Court
1 T.C. 491; 1943 U.S. Tax Ct. LEXIS 248;
January 26, 1943, Promulgated
Decision will be entered for the respondent.
Executors of an estate had discretion to determine what amount in each year during administration of estate properly could be paid or credited to petitioner. In 1936 they paid her $ 11,000 and did not credit her with any greater amount. In 1937 they paid her $ 49,000, of which, according to the estate's accounts, $ 16,250.84 was out of 1936…
2Cases cited2 opinions
- Garrett v. CommissionerUnited States Board of Tax Appeals · 1941
- Jones v. CommissionerUnited States Tax Court · 1943