Legal Opinion

Estate of Leyman v. Commissioner

United States Tax Court

Decided April 24, 1963No. Docket No. 77075Published

Held: (1) The value of 2,309 shares of common stock of Leyman Corporation on May 24, 1954, was $ 630 per share. (2) The executor of the estate of Harry Stoll Leyman willfully made a false or fraudulent estate tax return.

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Held: (1) The value of 2,309 shares of common stock of Leyman Corporation on May 24, 1954, was $ 630 per share. (2) The executor of the estate of Harry Stoll Leyman willfully made a false or fraudulent estate tax return. (3) The provisions of secs. 871(i), 894(a), and 3612(d), I.R.C. 1939, and not those of sec. 6653(b), I.R.C. 1954, govern the amount of addition to the tax in case a false or fraudulent estate tax return is willfully filed since the date of decedent's death was prior to the date of enactment of I.R.C. 1954. (4) The addition to the tax provided by I.R.C. 1939 in case a false or…

1Opinion of the Court

Estate of Harry Stoll Leyman, Deceased, Harry S. Leyman, Jr., Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Estate of Leyman v. Commissioner

Docket No. 77075

United States Tax Court

40 T.C. 100; 1963 U.S. Tax Ct. LEXIS 145;

April 24, 1963, Filed

Decision will be entered under Rule 50.

Held: (1) The value of 2,309 shares of common stock of Leyman Corporation on May 24, 1954, was $ 630 per share. (2) The executor of the estate of Harry Stoll Leyman willfully made a false or fraudulent estate tax return. (3) The provisions of secs. 871(i), 894(a), and 3612(d), I.R.C. 1939, and…

2Cases cited27 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Helvering v. MitchellSupreme Court of the United States · 1938
  3. Halle v. CommissionerUnited States Tax Court · 1946
  4. Halle v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
  5. In Re ChapmanSupreme Court of the United States · 1897

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