Brink v. Commissioner
United States Tax Court
Petitioner in 1958 paid an amount in compromise of assessed income taxes, additions to tax, and interest and accrued but unassessed interest of her husband's estate, her own liability, and the liability of her daughter as transferee. The amount paid was less than the primary liabilities for assessed income taxes and additions to tax, excluding duplicate and transferee assessments.
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Petitioner in 1958 paid an amount in compromise of assessed income taxes, additions to tax, and interest and accrued but unassessed interest of her husband's estate, her own liability, and the liability of her daughter as transferee. The amount paid was less than the primary liabilities for assessed income taxes and additions to tax, excluding duplicate and transferee assessments. Held, since there is no showing that any portion of the amount paid in compromise was for interest on petitioner's liability, no portion of the payment is deductible by petitioner as interest paid in 1958.
1Opinion of the Court
Marion Brink, Petitioner, v. Commissioner of Internal Revenue, Respondent
Brink v. Commissioner
Docket No. 90518
United States Tax Court
39 T.C. 602; 1962 U.S. Tax Ct. LEXIS 2;
December 28, 1962, Filed
Decision will be entered under Rule 50.
Petitioner in 1958 paid an amount in compromise of assessed income taxes, additions to tax, and interest and accrued but unassessed interest of her husband's estate, her own liability, and the liability of her daughter as transferee. The amount paid was less than the primary liabilities for assessed income taxes and additions to tax, excluding duplicate and…
2Cases cited12 opinions
- Raytheon Production Corp. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1944
- Dean v. CommissionerUnited States Tax Court · 1961
- Commissioner of Internal Revenue v. SmithCourt of Appeals for the Second Circuit · 1953
- Smith v. CommissionerUnited States Tax Court · 1951
- Petit v. CommissionerUnited States Tax Court · 1947
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