Legal Opinion

Albright v. Commissioner

United States Tax Court

Decided June 25, 1964No. Docket No. 91041PublishedCited by 12 opinions

1. Decedent had been a participant under his employer's Deferred Compensation Plan. Under said plan the employee must be alive and on the payroll at the end of the year in order to be eligible for participation. Ten months after death, employer credited decedent's account with additional deferred compensation. Held, this after death credit is not includable in the decedent's gross estate.

Read the full summary

1. Decedent had been a participant under his employer's Deferred Compensation Plan. Under said plan the employee must be alive and on the payroll at the end of the year in order to be eligible for participation. Ten months after death, employer credited decedent's account with additional deferred compensation. Held, this after death credit is not includable in the decedent's gross estate. Estate of William E. Barr, 40 T.C. 227 (1963), followed. 2. Decedent had been a beneficiary under two annuity contracts which called for a return of his contributions to the cost of said contracts if death…

1Opinion of the Court

Fisher, Judge:

Respondent determined a deficiency in estate taxes against the estate of Raymond W. Albright, in the amount of $3,419.08 subject to a reduction by the credit for State death taxes.

Respondent agrees that he has received satisfactory evidence in support of the credit of State death taxes in the amount of $1,565.08, so that the net deficiency in this case is $1,854. The parties further agree that the amount of executors’ commissions to be allowed as a deduction shall be the subject of a Kule 50 computation.

The issues presented for decision are: (1) Whether the amount of $6,332,…

2Cases cited1 opinion

  1. Estate of Barr v. CommissionerUnited States Tax Court · 1963

3Cited by12 opinions

  1. Brooks v. CommissionerUnited States Tax Court · 1968
  2. Commissioner of Internal Revenue v. Estate of Raymond W. Albright, DeceasedCourt of Appeals for the Second Circuit · 1966
  3. Estate of Kleemeier v. CommissionerUnited States Tax Court · 1972
  4. Estate of Margrave v. CommissionerUnited States Tax Court · 1978
  5. Estate of Silverman v. CommissionerUnited States Tax Court · 1974

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API