Evans v. Commissioner
United States Tax Court
Held, that, under the circumstances here involved, payments received by the petitioner from a corporation after the death of her husband, who had been president of the corporation, were not gifts within the meaning of section 102(a) of the Internal Revenue Code of 1954, but constituted ordinary income to her under section 61(a) of the Code, subject to an exclusion of $ 5,000 under section 101(b) of the Code.
1Opinion of the Court
Atkins, Judge:
The respondent determined deficiencies in income tax for the calendar years 1955, 1956, and 1957 in the respective amounts of $3,392.79, $17,239.67, and $9,398.47.
The sole issue presented is whether payments in the amounts of $12,500 in 1955, $30,000 in 1956, and $17,500 in 1957 received by the petitioner from the former corporate employer of her deceased husband, constituted gifts excludable from her gross income under section 102(a) of the Internal Revenue Code of 1954 or are taxable as ordinary income under section 61(a) of the Code, subject to an exclusion of $5,000 pursuant…
Also in this document: Dissent.
2Cases cited18 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Commissioner v. LoBueSupreme Court of the United States · 1956
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Robertson v. United StatesSupreme Court of the United States · 1952
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Crosby Valve & Gage Co. v. CommissionerUnited States Tax Court · 1966
- Estate of Sydney J. Carter, Deceased (A/k/a Sydney J. Canter) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1971
- Lucile McCrea Evans v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1964
- Crosby Valve & Gage Co. v. CommissionerUnited States Tax Court · 1966
- Dickson v. CommissionerUnited States Tax Court · 1964
8 more not listed; retrieve them via the Exa API.