Legal Opinion

Maresca Trust v. Commissioner

United States Tax Court

Decided August 18, 1983No. Docket No. 11196-81UnpublishedCited by 2 opinions

Held, Stocks and bonds in the residue of decedent's estate were sold by the executor prior to distribution so that capital gains are taxable to the estate rather than to petitioner as residuary trustee.

1Opinion of the Court

PETER J. MARESCA TRUST, BRUCE G. MURPHY, TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Maresca Trust v. Commissioner

Docket No. 11196-81.

United States Tax Court

T.C. Memo 1983-501; 1983 Tax Ct. Memo LEXIS 288; 46 T.C.M. (CCH) 1147; T.C.M. (RIA) 83501;

August 18, 1983.

Held, Stocks and bonds in the residue of decedent's estate were sold by the executor prior to distribution so that capital gains are taxable to the estate rather than to petitioner as residuary trustee.

Douglas E. Kahle and Thomas R. Frantz, for the petitioner.

Scott Anderson, for the respondent.

WHITAKER

MEMORANDUM…

2Cases cited13 opinions

  1. Chick v. CommissionerUnited States Tax Court · 1946
  2. First National Bank v. HollandSupreme Court of Virginia · 1901
  3. Farrier v. CommissionerUnited States Tax Court · 1950
  4. Chick v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
  5. Armstrong v. CommissionerUnited States Tax Court · 1943

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

3Cited by2 opinions

  1. Brown v. United StatesCourt of Appeals for the Fifth Circuit · 1989
  2. Earl A. Brown, Jr. And Betty Galt Brown v. United States of America, Earl A. Brown, Jr., Independent of the Estate of Earl A. Brown v. United States of America, Earl A. Brown, Jr., Independent of the Estate of Ellen Augusta Brown v. United States of America, Susan Brown Barry, Guardian of Brice Galt Barry v. United States of America, Susan Brown Barry, Guardian of Andrew Earl Barry v. United States of America, Susan Brown Barry v. United StatesCourt of Appeals for the Fifth Circuit · 1989

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