Crary v. Commissioner

Board of Tax Appeals

Crary v. Commissioner

19 B.T.A. 634, 1930 BTA LEXIS 2358

CourtUnited States Board of Tax Appeals

DecidedApril 21, 1930

DocketDocket No. 18366.

StatusPublished

Cited by1 cases

This text of 19 B.T.A. 634 (Crary 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

Crary v. Commissioner, 19 B.T.A. 634, 1930 BTA LEXIS 2358 (bta 1930).

Pincite

Opinion

OPINION.

Sternhagen:

The sole issue is whether the deduction under section 403 (a) (2) of the Revenue Act of 1921 of the value of prior-taxed property, may be reduced by the amount of $125,875.15, representing items deductible under subdivisions (1) and (3), merely [635]*635because such items were in fact paid out of property which was identified as previously taxed, although they did not exceed in amount the value of the independent estate of the decedent. From the presentation of the case on this issue alone, we assume that there is no other question such as that in Butteworth’s Estate, 6 B. T. A. 125.

It is conceded by respondent’s counsel that the Board’s decision in Hepburn’s Estate, 11 B. T. A. 1386, requires a negative answer, but, pending review of that decision, he insisted upon a reduction. This case was submitted and has been held to await the decision of the Court of Appeals of the District of Columbia in the Hepburn case. It now appears that, while pending in that court, the Hepburn case was disposed of by stipulation, thus leaving our opinion in full force. In accordance therewith (and see Shannon's Estate, 16 B. T. A. 143, and Delano's Estate, 19 B. T. A. 580) the deduction for prior-taxed property should not be reduced by the amount of $125,875.15.

Judgment will be entered under Rule 50.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION.

Sternhagen:

The sole issue is whether the deduction under section 403 (a) (2) of the Revenue Act of 1921 of the value of prior-taxed property, may be reduced by the amount of $125,875.15, representing items deductible under subdivisions (1) and (3), merely [635]*635because such items were in fact paid out of property which was identified as previously taxed, although they did not exceed in amount the value of the independent estate of the decedent. From the presentation of the case on this issue alone, we assume that there is no other question such as that in Butteworth’s Estate, 6 B. T. A. 125.

It is conceded by respondent’s counsel that the Board’s decision in Hepburn’s Estate, 11 B. T. A. 1386, requires a negative answer, but, pending review of that decision, he insisted upon a reduction. This case was submitted and has been held to await the decision of the Court of Appeals of the District of Columbia in the Hepburn case. It now appears that, while pending in that court, the Hepburn case was disposed of by stipulation, thus leaving our opinion in full force. In accordance therewith (and see Shannon's Estate, 16 B. T. A. 143, and Delano's Estate, 19 B. T. A. 580) the deduction for prior-taxed property should not be reduced by the amount of $125,875.15.

Judgment will be entered under Rule 50.

Cite This Page — Counsel Stack

Bluebook (online)

19 B.T.A. 634, 1930 BTA LEXIS 2358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crary-v-commissioner-bta-1930.

Opinion

Related

Cite This Page — Counsel Stack