Estate of Huesman v. Commissioner
United States Tax Court
Petitioners, during the taxable year, received cash constituting the payment of a bonus owing decedent at the time of his death. Under court order they immediately paid this cash over to trustees who in turn paid it to a beneficiary under the trust as a partial satisfaction of its legacy. The money was included in decedent's estate income tax return under section 126 of the Internal Revenue Code, and then deducted under section 162 of the Code.
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Petitioners, during the taxable year, received cash constituting the payment of a bonus owing decedent at the time of his death. Under court order they immediately paid this cash over to trustees who in turn paid it to a beneficiary under the trust as a partial satisfaction of its legacy. The money was included in decedent's estate income tax return under section 126 of the Internal Revenue Code, and then deducted under section 162 of the Code. Held, section 126 is a remedial provision enacted for the benefit of a decedent in connection with his final income tax return, and relates to income…
1Opinion of the Court
OPINION.
Rice, Judge:
The Commissioner determined a deficiency in income tax for the fiscal year ended April 30, 1945, in the amount of $57,-,923.50. The sole issue is whether in determining taxable net income of the estate, petitioners were correct in deducting an amount of $80,517 under section 162 of the Internal Revenue Code.
All of the facts were stipulated, are so found and are incorporated herein.
The return was filed with the collector of internal revenue for the sixth district of California.
Ralph R. Huesman, a resident of California, died testate on May 3, 1944, leaving an estate of…
2Cases cited3 opinions
- Helvering v. Estate of EnrightSupreme Court of the United States · 1941
- Rogers v. CommissionerUnited States Tax Court · 1943
- Pfaff v. CommissionerSupreme Court of the United States · 1941
3Cited by13 opinions
- Linde v. CommissionerUnited States Tax Court · 1951
- Estate of Carruth v. CommissionerUnited States Tax Court · 1957
- Austin v. United StatesDistrict Court, S.D. Texas · 1953
- Estate of Freund v. CommissionerCourt of Appeals for the Second Circuit · 1962
- Estate of Robert L. Clymer, Deceased, Edward O. Steely and Doylestown Trust Company, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1955
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