Auchincloss v. Commissioner

Board of Tax Appeals

Auchincloss v. Commissioner

11 B.T.A. 947

CourtUnited States Board of Tax Appeals

DecidedMay 2, 1928

DocketDocket No. 24312

StatusPublished

This text of 11 B.T.A. 947 (Auchincloss v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Auchincloss v. Commissioner, 11 B.T.A. 947 (bta 1928).

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Opinion

[948]*948OPINION.

Littleton:

It is contended by the petitioner that amounts collected by him as the executor on account of services rendered prior [949]*949to the decedent’s death, represented capital in the hands of the estate at decedent’s death, and, therefore, were not taxable income when received by the estate. On the other hand, Commissioner contends that amounts collected constituted taxable income when received by the estate.

The claim of the executor is correct. Nichols v. United States, (Ct. Cls.), 6 Am. Fed. Tax Rep. 6592; Walter R. McCarthy, Executor, 9 B. T. A. 525; George Nichols et al., Executors, 10 B. T. A. 919.

Judgment of no'deficiency will he entered.

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[948]*948OPINION.

Littleton:

It is contended by the petitioner that amounts collected by him as the executor on account of services rendered prior [949]*949to the decedent’s death, represented capital in the hands of the estate at decedent’s death, and, therefore, were not taxable income when received by the estate. On the other hand, Commissioner contends that amounts collected constituted taxable income when received by the estate.

The claim of the executor is correct. Nichols v. United States, (Ct. Cls.), 6 Am. Fed. Tax Rep. 6592; Walter R. McCarthy, Executor, 9 B. T. A. 525; George Nichols et al., Executors, 10 B. T. A. 919.

Judgment of no'deficiency will he entered.

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Bluebook (online)

11 B.T.A. 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auchincloss-v-commissioner-bta-1928.