Legal Opinion

Cleary v. Commissioner

United States Tax Court

Decided July 20, 1960No. Docket No. 75147Published

Petitioner Mildred Cleary's father died testate in May 1945, designating Mildred, her sister, and their husbands as executors and trustees of his estate. Under his will, it was provided that one part of the net income up to $ 2,000 for each year should be made over and paid to Mildred.

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Petitioner Mildred Cleary's father died testate in May 1945, designating Mildred, her sister, and their husbands as executors and trustees of his estate. Under his will, it was provided that one part of the net income up to $ 2,000 for each year should be made over and paid to Mildred. For each of the years 1945 through 1955 the estate had taxable income, on which for all years except 1945, 1951, and 1953 it paid an income tax thereon, but no distributions of income were in fact made until 1953. In 1950 Mildred indicated to her husband that she wanted the income from her bequest to go to her…

1Opinion of the Court

Robert E. Cleary and Mildred W. Cleary, Petitioners, v. Commissioner of Internal Revenue, Respondent

Cleary v. Commissioner

Docket No. 75147

United States Tax Court

34 T.C. 728; 1960 U.S. Tax Ct. LEXIS 104;

July 20, 1960, Filed

Decision will be entered under Rule 50.

Petitioner Mildred Cleary's father died testate in May 1945, designating Mildred, her sister, and their husbands as executors and trustees of his estate. Under his will, it was provided that one part of the net income up to $ 2,000 for each year should be made over and paid to Mildred. For each of the years 1945 through 1955 the estate…

2Cases cited1 opinion

  1. Cleary v. CommissionerUnited States Tax Court · 1960

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