Legal Opinion

Martin v. Commissioner

United States Board of Tax Appeals

Decided November 23, 1931No. Docket Nos. 43739, 44583, 45001Published

1. DEDUCTION FROM GROSS INCOME OF ESTATE. During 1924 the trustees paid to decedent's widow the amount of $10,000 pursuant to the directions of the decedent's will, she having elected to take under the will in lieu of dower. Held, that the amounts so paid were paid to the widow in purchase and satisfaction of her dower right and not as distributions of income of the estate and hence are not deductible by the trustees in computing net income of the estate.

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1. DEDUCTION FROM GROSS INCOME OF ESTATE. During 1924 the trustees paid to decedent's widow the amount of $10,000 pursuant to the directions of the decedent's will, she having elected to take under the will in lieu of dower. Held, that the amounts so paid were paid to the widow in purchase and satisfaction of her dower right and not as distributions of income of the estate and hence are not deductible by the trustees in computing net income of the estate. Julia Butterworth et al.,23 B.T.A. 838, followed. 2. CAPITAL EXPENDITURES. All of the income-producing assets of said estate were…

1Opinion of the Court

ESTATE OF T. S. MARTIN, DECEASED, J. EARLE MARTIN, JULES T. MARTIN AND HOWARD V. MARTIN, TRUSTEES, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

T. S. MARTIN REALTY COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Martin v. Commissioner

Docket Nos. 43739, 44583, 45001.

United States Board of Tax Appeals

24 B.T.A. 862; 1931 BTA LEXIS 1580;

November 23, 1931, Promulgated

1. DEDUCTION FROM GROSS INCOME OF ESTATE. During 1924 the trustees paid to decedent's widow the amount of $10,000 pursuant to the directions of the decedent's will, she having elected to take under…

2Cases cited3 opinions

  1. Butterworth v. CommissionerUnited States Board of Tax Appeals · 1931
  2. Estate of Martin v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Martin v. CommissionerUnited States Board of Tax Appeals · 1931

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