Legal Opinion

Kitch v. Commissioner

United States Tax Court

Decided January 5, 1995No. Docket Nos. 24119-92, 24120-92, 25938-92, 25939-92, 5475-93PublishedCited by 16 opinions

Ps received $ 362,326 from their mother's estate (M's estate). M's estate received this amount from her former husband's estate (H's estate) in satisfaction of alimony arrearages. H's estate treated M's estate as a beneficiary. M's estate reported distributable net income (DNI) of $ 5,531 for its taxable year ended Sept. 30, 1989. This amount of DNI was computed by including items distributed to it from H's estate; i.e., $ 8,767 of DNI and a $ 1,334 capital loss.

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Ps received $ 362,326 from their mother's estate (M's estate). M's estate received this amount from her former husband's estate (H's estate) in satisfaction of alimony arrearages. H's estate treated M's estate as a beneficiary. M's estate reported distributable net income (DNI) of $ 5,531 for its taxable year ended Sept. 30, 1989. This amount of DNI was computed by including items distributed to it from H's estate; i.e., $ 8,767 of DNI and a $ 1,334 capital loss. M's estate issued a Schedule K-1, Beneficiary's Share of Income, Deductions, Credits, Etc., to each P reporting his share of the $…

1Opinion of the Court

OPINION

Laro, Judge:

This case is before the Court fully stipulated under Rule 122.2 Paul R., Jr. (Paul, Jr.) and Patricia D. Kitch, Thomas D. (Thomas) and Sally L. Kitch, James C. (James) and Christine B. Kitch, Edmund W. (Edmund) and Alison Kitch, and David P. (David) and Mary P. Kitch petitioned this Court for a redetermination of respondent’s determination of deficiencies in their respective 1989 Federal income taxes. We use the term “petitioners” to refer solely to Paul, Jr., Thomas, James, Edmund, and David.

Respondent determined deficiencies in petitioners’ Federal income taxes for the…

2Cases cited22 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Commissioner v. ConnellySupreme Court of the United States · 1949
  3. Borchers v. CommissionerUnited States Tax Court · 1990
  4. Richard J. Borchers Jane E. Borchers v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1991
  5. Rollert Residuary Trust v. CommissionerUnited States Tax Court · 1983

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

3Cited by16 opinions

  1. Kitch v. CommissionerCourt of Appeals for the Tenth Circuit · 1996
  2. Shaltz v. Comm'rUnited States Tax Court · 2003
  3. Okerson v. Comm'rUnited States Tax Court · 2004
  4. Weaver v. Comm'rUnited States Tax Court · 2003
  5. Springer v. Comm'rUnited States Tax Court · 2003

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

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