Legal Opinion

Estate of Sarah H. Newman, Mark M. Newman, Co-Executor and Minna N. Nathanson, Co-Executor v. Commissioner

United States Tax Court

Decided July 28, 1998No. 17516-96Unknown

1Opinion of the Court

111 T.C. No. 3

UNITED STATES TAX COURT ESTATE OF SARAH H. NEWMAN, DECEASED, MARK M. NEWMAN, CO-EXECUTOR AND MINNA N. NATHANSON, CO-EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 17516-96. Filed July 28, 1998. Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These checks were neither accepted, nor paid, by the drawee bank until after D's death. Petitioner argues that these checks…

2Cases cited13 opinions

  1. Burnet v. GuggenheimSupreme Court of the United States · 1933
  2. Spiegel v. CommissionerUnited States Tax Court · 1949
  3. Estate of Cristofani v. CommissionerUnited States Tax Court · 1991
  4. Estate of Belcher v. CommissionerUnited States Tax Court · 1984
  5. Estate of Dillingham v. CommissionerUnited States Tax Court · 1987

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