Opinion

Estate of Mueller v. Commissioner

  • 107 T.C. 189
  • 107 T.C. No. 13
  • 1996 U.S. Tax Ct. LEXIS 44
Court
United States Tax Court
Filed
Nov 5, 1996
Status
Published
Author
Halpern
On the bench
RUWE,COHEN,CHABOT,SWIFT,JACOBS,GERBER,WRIGHT,PARR,WHALEN,CHIECHI,FOLEY,VASQUEZ,CHABOT,COHEN,PARR,RUWE,WELLS,COLVIN,GALE,HALPERN
Cited by
12 cases

"It would be inconsistent to hold * * * shares to have had one value for estate tax purposes and another for income tax purposes. There is a presumption that the estate tax value of an asset is correct and applies also to determine income tax basis."

How later courts described this case

  • "It would be inconsistent to hold * * * shares to have had one value for estate tax purposes and another for income tax purposes. There is a presumption that the estate tax value of an asset is correct and applies also to determine income tax basis."
  • noting Commissioner's inconsistent treatment of shares at issue

Written by the judges who cited it.

The opinion

Halpern, J., dissenting: I join in section 7, Overpayment Status, of Judge Beghe’s separate opinion and dissent for the reasons stated therein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.