Westphal v. Commissioner
United States Tax Court
1. Held, on the facts, that payments by a corporation to its former president's widow were not gifts. Estate of Mervin G. Pierpont, 35 T.C. 65 (1960), followed. 2. Held, further, if an estate remains a taxable entity under section 641 of the Internal Revenue Code of 1954, then it has not yet terminated and any taxable year that has already ended is not its last taxable year under section 642(h) of the Internal Revenue Code of 1954.
1Opinion of the Court
Teain, Judge:
Respondent has determined deficiencies in petitioners’ income taxes for 1956 and 1957 in the respective amounts of $10,785.84 and $2,895.43.
The issues presented in this case are:(1) Whether certain payments to Mary C. Westphal in 1956 and 1957 by a corporation, of which her husband was president prior to his death on June 21, 1956, constitute taxable income to her; and(2) Whether the excess of deductions over gross income on the income tax return for the estate of William R. Westphal for the taxable year June 22 — December 24, 1956, are deductible by the beneficiary in 1956.
The…
2Cases cited8 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Commissioner v. LesterSupreme Court of the United States · 1961
- United States v. Olympic Radio & Television, Inc.Supreme Court of the United States · 1955
- Pierpont v. CommissionerUnited States Tax Court · 1960
- Caratan v. CommissionerUnited States Tax Court · 1950
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estate of Sydney J. Carter, Deceased (A/k/a Sydney J. Canter) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1971
- Sletteland v. CommissionerUnited States Tax Court · 1965
- Dorfman v. CommissionerUnited States Tax Court · 1967
- Westphal v. CommissionerCourt of Appeals for the Eighth Circuit · 1963
- Dorfman v. CommissionerUnited States Tax Court · 1967
5 more not listed; retrieve them via the Exa API.