Caratan v. Commissioner
United States Tax Court
Petitioner's wife died intestate. Under the community property law of California, she had during her lifetime a present, vested, and equal interest in one-half of community property which constituted her estate; she did not own any separate property.
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Petitioner's wife died intestate. Under the community property law of California, she had during her lifetime a present, vested, and equal interest in one-half of community property which constituted her estate; she did not own any separate property. The Superior Court of California for Kern County admitted the deceased wife's estate to probate and appointed petitioner the administrator in 1940. The final account was not filed and the court did not enter a decree of distribution until 1946. During the taxable years the estate was in administration in the Superior Court. Held, that, although…
1Opinion of the Court
OPINION.
HaRRon, Judge:
There is no dispute about any of the facts. The only question is whether the net income of the estate during the years in question is taxable to the estate, or to the petitioner.
Under section 161 (a) (3) of the Internal Revenue Code,2 income received by the estate of a deceased person is taxable to the estate during “the period of administration.” The later phrase has been construed by the Commissioner to mean “the period required by the executor or the administrator to perform the ordinary duties pertaining to administration, in particular, the collection of assets and…
2Cases cited7 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Chick v. CommissionerUnited States Tax Court · 1946
- Armstrong v. CommissionerUnited States Tax Court · 1943
- Cohen v. CommissionerUnited States Tax Court · 1947
- Bishop v. CommissionerUnited States Tax Court · 1945
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Farrier v. CommissionerUnited States Tax Court · 1950
- Miller v. CommissionerUnited States Tax Court · 1963
- Roebling v. CommissionerUnited States Tax Court · 1952
- Old Virginia Brick Co. v. CommissionerUnited States Tax Court · 1965
- Petersen v. CommissionerUnited States Tax Court · 1961
15 more not listed; retrieve them via the Exa API.