# Smiley v. Commissioner > United States Board of Tax Appeals · October 15, 1935 · 33 B.T.A. 198 URL: https://www.frixlaw.com/law-library/cases/4495817 ## Case - **Full name:** ALBERT K. SMILEY, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** October 15, 1935 - **Citations:** 33 B.T.A. 198; 1935 BTA LEXIS 788 - **Precedential status:** Published - **Opinion:** Dissent by Seawell - **Judges:** Seawell, Smith, Agree, Murdock - **Cited by:** 1 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4495817 ## Opinion text Seawell, dissenting: Petitioners received the Lake Mohonk property own onere. There was no compulsion that they should use it or otherwise cause it to produce income. Their tenure depended upon the payment of the legacies to the mother and aunt, as the property was the pledge to assure the payment whether or not it produced income. If the prevailing opinion is correct, it would seem that the income of the property, if any, is exempt to the extent of $7,500 a year so long as both Mrs. Smiley and Mrs. Sanborn live. I do not think this is according to the law of the case. Smith and ARNOLD agree with the above dissent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4495817. Public record. Not legal advice.