Bowen v. Commissioner
United States Tax Court
Upon the stipulated facts, held, certain moneys paid to the administratrix of the Estate of S. Lewis Tim on August 29, 1951, pursuant to a judgment of the Monmouth County Court of New Jersey, were taxable income under section 22(a), I.R.C. 1939, and as such was taxable to the Estate of S. Lewis Tim for the year 1951 rather than to the other petitioners herein since such income was not "to be distributed currently by the fiduciary to the legatees, heirs, or beneficiaries"…
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Upon the stipulated facts, held, certain moneys paid to the administratrix of the Estate of S. Lewis Tim on August 29, 1951, pursuant to a judgment of the Monmouth County Court of New Jersey, were taxable income under section 22(a), I.R.C. 1939, and as such was taxable to the Estate of S. Lewis Tim for the year 1951 rather than to the other petitioners herein since such income was not "to be distributed currently by the fiduciary to the legatees, heirs, or beneficiaries" under section 162(b), I.R.C. 1939.
1Opinion of the Court
OPINION.
Apotndell, Judge:
Respondent determined deficiencies in income tax for the taxable year ended December 31,1951, against petitioners as follows:
No. Petitioner Deficiency
69452 Martin Raymond Bowen_,_$1,196.12
69453 Mary Jane Tucker_ 1,196.12
69454 Estate of S. Lewis Tim, Evelyn W. Bowen, Administratrix_ 3,458.28
The issues are: (1) Whether certain moneys paid to the Estate of S. Lewis Tim in 1951 pursuant to a judgment of the Monmouth County Court, Probate Division, at Freehold, New Jersey, were taxable income and, if so, (2) whether such moneys are taxable to the petitioning estate or to…
2Cases cited3 opinions
- Healy v. CommissionerSupreme Court of the United States · 1953
- Cohen v. CommissionerUnited States Tax Court · 1947
- Phillips v. CommissionerUnited States Tax Court · 1957
3Cited by3 opinions
- Estate of Bryan v. CommissionerUnited States Tax Court · 1963
- Bowen v. CommissionerUnited States Tax Court · 1960
- Evelyn W. Bowen, Administratrix of the Estate of S. Lewis Tim v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1961