Legal Opinion

Kearney v. Commissioner

United States Board of Tax Appeals

Decided December 26, 1934No. Docket No. 67943Published

The taxpayer, an heir of a decedent, received cash from residuary legatees of the decedent under an agreement whereby the heirs agreed not to further contest the will and to allow it to stand. The amount was income, was not acquired by gift, devise, bequest, or inheritance, and was constitutionally taxed as income.

1Opinion of the Court

BERNARD O. KEARNEY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Kearney v. Commissioner

Docket No. 67943.

United States Board of Tax Appeals

31 B.T.A. 935; 1934 BTA LEXIS 1008;

December 26, 1934, Promulgated

The taxpayer, an heir of a decedent, received cash from residuary legatees of the decedent under an agreement whereby the heirs agreed not to further contest the will and to allow it to stand. The amount was income, was not acquired by gift, devise, bequest, or inheritance, and was constitutionally taxed as income.

Arthur C. Gunther, Esq., for the petitioner.

H. D. Thomas, Esq.,…

2Cases cited6 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Lynch v. HornbySupreme Court of the United States · 1918
  3. Cochran's Ex'or and Trustee v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Sellars v. JonesCourt of Appeals of Kentucky · 1915
  5. McClung v. CommissionerUnited States Board of Tax Appeals · 1928

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