Levy v. Commissioner
United States Board of Tax Appeals
1. A deficiency, notice of which was sent to taxpayer, and which deficiency is in part due to an erroneous refund, will not be increased by an amount equal to the interest paid by Commissioner at time of making refund, though motion to do same is timely made. 2. Interest paid by the Commissioner to taxpayer at the time of making an erroneous refund, which later forms in part the basis of a deficiency, is not an amount "otherwise repaid" under the terms of section 307(1) of…
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1. A deficiency, notice of which was sent to taxpayer, and which deficiency is in part due to an erroneous refund, will not be increased by an amount equal to the interest paid by Commissioner at time of making refund, though motion to do same is timely made. 2. Interest paid by the Commissioner to taxpayer at the time of making an erroneous refund, which later forms in part the basis of a deficiency, is not an amount "otherwise repaid" under the terms of section 307(1) of the Revenue Act of 1926. 3. Nor does such interest fall within the provisions of section 308(e) of the Revenue Act of…
1Opinion of the Court
*339OPINION.
Van Fossan:
Three issues are presented by petitioners in this case. The first is the propriety, for estate-tax purposes, of including in the gross estate of decedent the wife’s share of the community property owned by the marital community at the death of decedent. This question is ruled adversely to petitioner on the authority of Griffith Henshaw, Executor, 12 B. T. A. 1441; affirmed by the Circuit Court of Appeals, 31 Fed. (2d) 946; certiorari denied, 280 U. S. 43 A.
*340The second question presented by these petitioners is whether or not a deficiency may be based in part on an erroneous…
2Cases cited1 opinion
- Colgate v. United StatesSupreme Court of the United States · 1929
3Cited by7 opinions
- Louisiana & A. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Standard Portland Cement Co. v. CommissionerCourt of Appeals for the Third Circuit · 1935
- Boysen v. CommissionerUnited States Tax Court · 1954
- Estate of McGlue v. CommissionerUnited States Tax Court · 1943
- Fifth Avenue Bank of New York v. CommissionerCourt of Appeals for the Second Circuit · 1938
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