Estate of McJunkin v. Commissioner

OPINION.

Pierce, Judge:

We approve respondent’s determination. Accordingly, we hold that the benefits of section 107 (a) of the Internal Eevenue Code (1939) are not available to the petitioner.

First, it is to be observed that section 107 (a) provides for allocation of compensation included in the gross income; whereas the petitioner seeks to reduce the decedent’s compensation to a net basis, by deduction of various claimed expenses. It is our opinion that this does not conform with the statute. Cf. Weldon D. Smith, 17 T. C. 135, 144, reversed on other grounds 203 F. 2d 310.

Secondly, the…