Legal Opinion

Petersen v. Commissioner

United States Tax Court

Decided March 22, 1961No. Docket Nos. 73870, 73871, 75864PublishedCited by 10 opinions

Petitioner and his deceased wife were copartners in a ranching and cattle business. After her death, and during the administration of her estate, petitioner reported one-half of the income from the business, and decedent's estate the other half.

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Petitioner and his deceased wife were copartners in a ranching and cattle business. After her death, and during the administration of her estate, petitioner reported one-half of the income from the business, and decedent's estate the other half. Held: 1. Joint tenancy property passed to petitioner upon the death of his wife by right of survivorship, and all of the income therefrom is taxable to him. 2. Administration of this decedent's estate during the years here in issue was reasonable since substantial outstanding contested claims were pending. 3. During the proper period of administration…

1Opinion of the Court

FORRESTER, Judge:

Respondent has determined the following deficiencies in income tax:

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The issues now remaining for our determination are whether certain assets were properly included in the decedent’s estate, and if the income from these assets was properly reportable by the estate or the surviving husband.

FINDINGS OF FACT.

Some of the facts have been stipulated and are so found.

Petitioner Edwin M. Petersen (hereinafter called Petersen or petitioner) is the surviving spouse of Flora M. Petersen (hereinafter called Flora) who died on August 13, 1953. Petersen duly qualified as…

2Cases cited21 opinions

  1. Tomaier v. TomaierCalifornia Supreme Court · 1944
  2. Siberell v. SiberellCalifornia Supreme Court · 1932
  3. Williams v. CommissionerUnited States Tax Court · 1951
  4. Schindler v. SchindlerCalifornia Court of Appeal · 1954
  5. Chick v. CommissionerUnited States Tax Court · 1946

16 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Estate of Young v. CommissionerUnited States Tax Court · 1998
  2. Miller v. CommissionerUnited States Tax Court · 1963
  3. Nutt v. CommissionerUnited States Tax Court · 1967
  4. Wylie v. United StatesDistrict Court, N.D. Texas · 1968
  5. Estate of Haseltine v. CommissionerUnited States Tax Court · 1976

5 more not listed; retrieve them via the Exa API.

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