Southack v. Commissioner

Board of Tax Appeals

Southack v. Commissioner

3 B.T.A. 1063, 1926 BTA LEXIS 2505

CourtUnited States Board of Tax Appeals

DecidedMarch 30, 1926

DocketDocket No. 6359.

StatusPublished

This text of 3 B.T.A. 1063 (Southack 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.

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Southack v. Commissioner, 3 B.T.A. 1063, 1926 BTA LEXIS 2505 (bta 1926).

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Opinion

FINDINGS OF FACT.

Augusta G. Southack died a resident of the State of New York on February 27, 1921. Letters testamentary were duly issued to Gladys S. Christy and the Farmers’ Loan & Trust Co., as executors thereunder, in the Surrogate’s Court of New York County on April 27, 1921. The executors paid the transfer tax assessed by the State of New York against the estate in the sum of $17,259.60. On February 8, 1923, there was refunded to the estate $2,336.53, making the total tax paid to the State of New York $14,923.07.

The executors filed an income-tax return for the estate, covering the period from the date of death of the decedent to December 31, 1921, and in that return deducted $17,259.60, which was the amount paid to the State of New York as a transfer tax. This deduction was disallowed by the Commissioner.

Net income will be computed by deducting $11¡,,9'B3.07* Order of redetermination will be entered on 15 ddys’ notice, under Bule 50.

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FINDINGS OF FACT.

Augusta G. Southack died a resident of the State of New York on February 27, 1921. Letters testamentary were duly issued to Gladys S. Christy and the Farmers’ Loan & Trust Co., as executors thereunder, in the Surrogate’s Court of New York County on April 27, 1921. The executors paid the transfer tax assessed by the State of New York against the estate in the sum of $17,259.60. On February 8, 1923, there was refunded to the estate $2,336.53, making the total tax paid to the State of New York $14,923.07.

The executors filed an income-tax return for the estate, covering the period from the date of death of the decedent to December 31, 1921, and in that return deducted $17,259.60, which was the amount paid to the State of New York as a transfer tax. This deduction was disallowed by the Commissioner.

Net income will be computed by deducting $11¡,,9'B3.07* Order of redetermination will be entered on 15 ddys’ notice, under Bule 50.

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3 B.T.A. 1063, 1926 BTA LEXIS 2505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southack-v-commissioner-bta-1926.

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