Fiske v. Commissioner
United States Board of Tax Appeals
DEDUCTIONS - ACCRUAL AT DEATH. - Real estate taxes and trustees' commissions of a trust of which the decedent was life beneficiary must be allocated to the period before and the period after his death in accordance with the laws of the situs of the trust for the purpose of determining the distributable income of each period.
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DEDUCTIONS - ACCRUAL AT DEATH. - Real estate taxes and trustees' commissions of a trust of which the decedent was life beneficiary must be allocated to the period before and the period after his death in accordance with the laws of the situs of the trust for the purpose of determining the distributable income of each period. Sections 42 and 43 have no application, since the trust may not be ignored even though it was a revocable trust within section 166 and section 302(d)(1) of the Revenue Act of 1926 as amended.
1Opinion of the Court
OPINION.
Murdock:
The Commissioner determined a deficiency of $6,023.53 in income tax of this estate for the taxable year ended December 31, 1936. All of the facts essential to a decision of this proceeding are contained in a stipulation filed by the parties and hereby adopted by the Board as its findings of fact. The only issue for decision is whether 348/366 of real estate taxes and a part of trustees’ commissions for the calendar year 1936 allocable to the period January 19 to the end of the year are deductible in computing the income of a trust distributable to this estate.
George S. Fiske…
2Cases cited5 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- United States v. AndersonSupreme Court of the United States · 1926
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Rothwell v. RothwellMassachusetts Supreme Judicial Court · 1933
- J. L. Hammett Co. v. Alfred Peats Co.Massachusetts Supreme Judicial Court · 1914
3Cited by6 opinions
- Harold Patz Trust v. CommissionerUnited States Tax Court · 1977
- Commissioner of Internal Revenue v. DavisCourt of Appeals for the First Circuit · 1943
- Estate of Wood v. CommissionerUnited States Tax Court · 1970
- Estate of Wood v. CommissionerUnited States Tax Court · 1970
- Fiske v. CommissionerUnited States Board of Tax Appeals · 1941
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