Larson v. Commissioner
United States Board of Tax Appeals
1. Petitioner is the surviving spouse of decedent, who died testate in the taxable year leaving a large estate consisting entirely of community property. Decedent and his wife were residents of the State of Washington. The estate was in administration throughout the taxable year.
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1. Petitioner is the surviving spouse of decedent, who died testate in the taxable year leaving a large estate consisting entirely of community property. Decedent and his wife were residents of the State of Washington. The estate was in administration throughout the taxable year. Held, that community property interest, rents, and dividends received by the executor of decedent's estate during administration are taxable to the estate in toto and no part thereof to the surviving spouse. Barbour v. Commissioner, 89 Fed.(2d) 474 followed. 2. During the taxable year the executor of the estate sold…
1Opinion of the Court
*1100OPINION.
Hill :
The first issue is basic and its determination will affect most of the other questions before us in this proceeding. This issue concerns the treatment for income tax purposes of income from community property received, by the estate of decedent during the period of administration of the estate. Petitioner contends that all such income received by the estate should be reported as income of the estate by the fiduciary representing the estate. Despondent contends that the community income received by the estate is taxable one-half to the estate and one-half to the survivor of the…
2Cases cited4 opinions
- Ryan v. FergussonWashington Supreme Court · 1891
- State ex rel. Guye v. Superior CourtWashington Supreme Court · 1909
- Crowe & Co. v. Adkinson Construction Co.Washington Supreme Court · 1912
- Stanton v. Everett Trust & Savings BankWashington Supreme Court · 1927
3Cited by12 opinions
- Woodward v. United StatesDistrict Court, N.D. Iowa · 1952
- Intergraph Corp. v. CommissionerUnited States Tax Court · 1996
- Grimm v. CommissionerUnited States Tax Court · 1987
- Mason v. United StatesDistrict Court, N.D. California · 1978
- Estate of Larson v. CommissionerUnited States Tax Court · 1944
7 more not listed; retrieve them via the Exa API.