Legal Opinion
Estate of Charley W. Peterson, Deceased, Della E. Peterson and Charles R. Peterson, Co-Executors v. Commissioner of Internal Revenue
Court of Appeals for the Eighth Circuit
Decided December 17, 1981No. 81-1019PublishedCited by 12 opinions
1Opinion of the Court
McMILLIAN, Circuit Judge.
This is an appeal from the decision of the Tax Court holding that the sale proceeds received by the estate of Charley W. Peterson from the sale of 2,398 calves did not constitute “income in respect of a decedent” under § 691(a)(1) of the Internal Revenue Code 1 (all statutory references are to the Code). Estate of Peterson v. Commissioner, 74 T.C. 630 (1980). ■ Five of the Tax Court judges, however, concurred only in the result because the Commissioner never sought to allocate the sale proceeds between those calves which were “deliverable” and not “deliverable” on the…
2Cases cited10 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Helvering v. Estate of EnrightSupreme Court of the United States · 1941
- Commissioner of Internal Revenue v. LindeCourt of Appeals for the Ninth Circuit · 1954
- Trust Company of Georgia, Under the Will of Carling Dinkler, Sr. v. Aubrey C. Ross, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
- Estate of Sidles v. CommissionerUnited States Tax Court · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rollert Residuary Trust v. CommissionerUnited States Tax Court · 1983
- Edward D. Rollert Residuary Trust, Genesee Merchants Bank and Trust Company, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1985
- Estate of Frane v. CommissionerUnited States Tax Court · 1992
- Estate of Verdon Gavin v. United StatesCourt of Appeals for the Eighth Circuit · 1997
- Edward D. Rollert Residuary Trust, Genesee Merchants Bank and Trust Company, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1985
7 more not listed; retrieve them via the Exa API.