Crawford v. Commissioner
United States Board of Tax Appeals
During the year 1935 executors of decedent's estate distributed certain property to a trust for his widow. During that same year the trust realized income on the property distributed to it. It filed a return and paid the tax on the income thus received. Subsequent to the taxable year the widow elected to take under the law rather than under the terms of the will. A portion of the trust property and the income therefrom were distributed to the widow.
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During the year 1935 executors of decedent's estate distributed certain property to a trust for his widow. During that same year the trust realized income on the property distributed to it. It filed a return and paid the tax on the income thus received. Subsequent to the taxable year the widow elected to take under the law rather than under the terms of the will. A portion of the trust property and the income therefrom were distributed to the widow. The remainder of the trust property was paid over to a trust for the decedent's daughter, the terms of that trust being identical with the…
1Opinion of the Court
*441OPINION.
Van Fossan:
The problem before us is to determine the effect of Annie Laurie Crawford’s election to take under the law rather than under the will of her deceased husband George W. Crawford. Prior to the election the executors had distributed the assets, from which the income here in question was derived, to a trust for the widow. The trust filed a return and paid the tax on the income from the property distributed to it. Respondent now contends that, by reason of the fact that under Pennsylvania law the widow’s election related back to the time of the death of the husband, In re…
2Cases cited2 opinions
- Reighard's EstateSupreme Court of Pennsylvania · 1916
- Fitzgibbon's EstateSupreme Court of Pennsylvania · 1923
3Cited by1 opinion
- Crawford v. CommissionerUnited States Board of Tax Appeals · 1942