Estate of Shelton v. Commissioner
United States Tax Court
Petitioner, the estate of a deceased, unrestricted Osage Indian, received income during the years in issue from Osage headright interests. In 1970 IRS paid the Osage Indian Agency a refund of estate taxes paid by decedent's mother (Elkins) and such amount was credited to the Elkins estate's account at the agency. Decedent was the sole residuary beneficiary of the Elkins estate.
Read the full summary
Petitioner, the estate of a deceased, unrestricted Osage Indian, received income during the years in issue from Osage headright interests. In 1970 IRS paid the Osage Indian Agency a refund of estate taxes paid by decedent's mother (Elkins) and such amount was credited to the Elkins estate's account at the agency. Decedent was the sole residuary beneficiary of the Elkins estate. The agency notified petitioner that it would pay these funds (except for a small portion withheld for a contingent liability) to the coexecutors of the Oklahoma probate upon receipt of an additional coexecutors' bond.…
1Opinion of the Court
Forrester, Judge:
Respondent has determined the following deficiencies in petitioner’s Federal income taxes:
Taxable Amount year of deficiency
1968. $4,446.33
1969. 8,139.57
1970 . 71,216.38
There are two issues for our decision: (1) Whether petitioner, the estate of a deceased, unrestricted Osage Indian, should be taxed on income from its headright shares of the Osage tribal mineral trust; and (2) whether a certain portion of the interest element of a refund of taxes paid by the estate of decedent’s mother, of which decedent was the sole residuary beneficiary, is includable in petitioner’s gross…
2Cases cited9 opinions
- Squire v. CapoemanSupreme Court of the United States · 1956
- Choteau v. BurnetSupreme Court of the United States · 1931
- Superintendent of Five Civilized Tribes v. CommissionerSupreme Court of the United States · 1935
- Globe Indemnity Co. v. BruceCourt of Appeals for the Tenth Circuit · 1935
- Griffith v. CommissionerUnited States Tax Court · 1961
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jourdain v. CommissionerUnited States Tax Court · 1979
- Estate of Poletti v. CommissionerUnited States Tax Court · 1992
- Green v. CommissionerUnited States Tax Court · 1993
- Estate of Jacqueline E. Shelton, Deceased, Donald C. Little and Johnnie Mohon, Co-Executors v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1980
- Estate of Poletti v. CommissionerUnited States Tax Court · 1992
2 more not listed; retrieve them via the Exa API.