Legal Opinion

Traiser v. Commissioner

United States Board of Tax Appeals

Decided January 31, 1940No. Docket No. 91958Published

During 1935 the estate of Richard E. Traiser received taxable and nontaxable income and distributed part of its total income to beneficiaries. The respondent held that the distribution was made ratably from the taxable income and the nontaxable income available for distribution and disallowed the deduction from the taxable income of such part of the distribution as came from the nontaxable income.

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During 1935 the estate of Richard E. Traiser received taxable and nontaxable income and distributed part of its total income to beneficiaries. The respondent held that the distribution was made ratably from the taxable income and the nontaxable income available for distribution and disallowed the deduction from the taxable income of such part of the distribution as came from the nontaxable income. Held, that the estate is not entitled to the deduction of such part of the distribution as came from the nontaxable income. Held,further, that since the distribution of the taxable income was in…

1Opinion of the Court

ESTATE OF RICHARD E. TRAISER, JOHN ABBOTT, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Traiser v. Commissioner

Docket No. 91958.

United States Board of Tax Appeals

41 B.T.A. 228; 1940 BTA LEXIS 1212;

January 31, 1940, Promulgated

During 1935 the estate of Richard E. Traiser received taxable and nontaxable income and distributed part of its total income to beneficiaries. The respondent held that the distribution was made ratably from the taxable income and the nontaxable income available for distribution and disallowed the deduction from the taxable income of such part of…

2Cases cited1 opinion

  1. Traiser v. CommissionerUnited States Board of Tax Appeals · 1940

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