Estate of Ballard v. Commissioner
United States Tax Court
Decedent, a U.S. citizen and domiciliary, died owning real property in Canada. Petitioner-estate paid tax to Canada pursuant to the Canadian Income Tax Act of 1971, ch. 63, Can. Stat. (1970-71-72), as amended. The tax paid to Canada was computed on the difference between the value of the real property on the date of death and the value of the property on Jan. 1, 1972, the date the relevant provisions of the Canada Income Tax Act became effective.
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Decedent, a U.S. citizen and domiciliary, died owning real property in Canada. Petitioner-estate paid tax to Canada pursuant to the Canadian Income Tax Act of 1971, ch. 63, Can. Stat. (1970-71-72), as amended. The tax paid to Canada was computed on the difference between the value of the real property on the date of death and the value of the property on Jan. 1, 1972, the date the relevant provisions of the Canada Income Tax Act became effective. Held, the tax paid to Canada is not an estate tax for which a credit is allowable under sec. 2014(a), I.R.C. 1954. Held, further, the Canadian tax…
1Opinion of the Court
OPINION
Dawson, Judge:
Respondent determined a deficiency in petitioner’s Federal estate tax in the amount of $17,931. Two issues are presented for decision: (1) Whether the tax paid by petitioner to Canada is an estate tax for which a credit is allowable under section 2014(a);1 and (2) whether the tax paid by petitioner to Canada is a tax of substantially similar character to the estate tax imposed by Canada at the time the United States-Canada Estate Tax Convention, Feb. 17, 1961, 13 U.S.T. 382, T.I.A.S. No. 4995, was adopted, and, therefore, is a creditable tax pursuant to the Convention.
This…
2Cases cited10 opinions
- Knowlton v. MooreSupreme Court of the United States · 1900
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Biddle v. CommissionerSupreme Court of the United States · 1938
- Keasbey & Mattison Co. v. RothensiesCourt of Appeals for the Third Circuit · 1943
- Commissioner of Internal Revenue v. The American Metal Co., Limited, the American Metal Co., Limited v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1955
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3Cited by2 opinions
- Ellis v. CommissionerUnited States Tax Court · 1985
- Estate of Ballard v. CommissionerUnited States Tax Court · 1985