Case law

Marx v. Commissioner

47 B.T.A. 204 · United States Board of Tax Appeals · Jun 26, 1942

Held, the evidence not establishing that the delay in distribution was not unreasonable, petitioner is taxable on the capital gains under section 22(a) of the Revenue Acts of 1936 and 1938. … This was one-third of the taxable capital gain from the sale of property held by the trustees of the trusts established under the last will and testament of Joseph *205 E. Marx, deceased.

Couzens v. Commissioner

11 B.T.A. 1040 · United States Board of Tax Appeals · May 5, 1928

A. 817, or from gnaeraippmipns-of qualified witnesses, or from book value, or from recognized m'arket quotations o.r other data, must depend upon the nature of the property under consideration and the extent to which such … Clearly opinions might differ as to such price. .A common figure must be agreed up.on.

Davison v. Commissioner

31 B.T.A. 101 · United States Board of Tax Appeals · Aug 28, 1934

The will of petitioner’s decedent was probated in Nassau County, New York, and petitioner was qualified as executor on April 22, 1927. Louisa TJ. Skidmore died at the age of 92, on June 5,1927. … This principle is most clearly stated by the late Chief Justice Taft in Y.M.C.A. v.

Wilkens & Lange v. Commissioner

15 B.T.A. 1183 · United States Board of Tax Appeals · Mar 30, 1929

Ballinger Mills 1 Total 2,000 The trustees owned individually, including the two qualifying shares issued to Ballinger Mills, a total of 750 shares out of a total of 2,000. … The evidence in these proceedings clearly establishes that during the year 1920 the petitioner operated under a declaration of trust, whereby the three trustees named therein were vested with the complete, exclusive, and

Blackstone Mfg. Co. v. Commissioner

8 B.T.A. 537 · United States Board of Tax Appeals · Oct 6, 1927

The business was established in 1808-1809 by the Blackstone Manufacturing Co. … In further support of its contention the petitioner introduced and qualified a witness expert in the valuation of water privileges and rights.

Blossburg Mercantile Co. v. Commissioner

4 B.T.A. 690 · United States Board of Tax Appeals · Aug 2, 1926

On the other hand, the instrument does clearly have the characteristics of a lease. … It recognized an interest in defendant in the qualified use and possession of plaintiff's land.

Hancock Constr. Co. v. Commissioner

11 B.T.A. 800 · United States Board of Tax Appeals · Apr 24, 1928

One qualifying share was issued to a relative which share was then turned over to Meirowitz. Four shares were issued to Mrs. … The evidence adduced clearly establishes the fact that during 1920 the Robbins Construction Co. was merely inactive. It had not been dissolved either voluntarily or involuntarily.

Hazard v. Commissioner

40 B.T.A. 204 · United States Board of Tax Appeals · Jun 30, 1939

The petitioners in Docket No. 89684 are the duly qualified executors of Laura Pelton Hazard, who died September 3, 1934, at the age of 71 while a resident of New York City. … "The mere purpose to make provision for children after a donor's death is not enough conclusively to establish that action to that end was 'in contemplation of death.'" .

Otto v. Commissioner

37 B.T.A. 479 · United States Board of Tax Appeals · Mar 17, 1938

Clearly the petitioner has not established that Murphy & Co. had on hand any Chase stock on that date. The evidence on this is that Murphy & Co. had no position in the stock on December 30. … Many taxpayers are not qualified to decide that question, even *1038 with full knowledge of the facts. *485 Although in the present case the decision is in the Commissioner's favor, the principle established will apply equally

Brittingham v. Commissioner

13 B.T.A. 375 · United States Board of Tax Appeals · Sep 13, 1928

marriage therein, subject to the provisions of this law in so far as it concerns the goods they may possess in the Republic and with respect to the effects which their matrimonial state may give rise therein. (8) That two qualified … But the Zemurray case, in its facts, is clearly distinguishable from the cases now before us. The Robbins case was decided January 4, 1926.

Kelley v. Commissioner

22 B.T.A. 421 · United States Board of Tax Appeals · Feb 27, 1931

These valuations were determined by qualified appraisers *423 employed by a trust company which prepared the estate tax return and were accepted by the respondent and included by him in the total value of the gross estate … This is a question of fact and the evidence clearly establishes that the lot was sold by decedent and his wife in June, 1925. Decedent died in December, 1925.

Scully v. Commissioner

34 B.T.A. 218 · United States Board of Tax Appeals · Mar 26, 1936

in their essential character, but it clearly demonstrates the contrary. … Moreover, the record reveals clearly the impelling motive for the gifts. They were made pursuant to a plan conceived years before by the father.

Lentz v. Commissioner

21 B.T.A. 1336 · United States Board of Tax Appeals · Jan 23, 1931

On November 23, 1925, the will was admitted to probate in Montgomery County, Pennsylvania, the executors named therein qualified, and letters testamentary were granted to them. … The petitioners have also established that their taxable income from the estate was otherwise incorrectly computed to their detriment. As shown in the findings, such taxable income of Frances E. B.

Rhodes v. Commissioner

41 B.T.A. 62 · United States Board of Tax Appeals · Jan 12, 1940

On February 5, 1934, petitioners were appointed executors of her estate by the court and qualified as such. Petitioner, J. … children established against opposition that *1272 she had but a life estate.

Citizens Loan Asso. v. Commissioner

1 B.T.A. 518 · United States Board of Tax Appeals · Jan 31, 1925

The evidence clearly establishes to our mind that prior to July 1, 1917, there was in existence a corporation organized under the laws of the State of Illinois and known as the Half Rate Loan Co. … This fact is clearly established by the act of the stockholders on December 27, 1919, when they formed a new partnership, for a formal legal instrument which *2929 recites that the assets in question belonged to the corporation

Hooper v. Commissioner

41 B.T.A. 114 · United States Board of Tax Appeals · Jan 19, 1940

pointed out that an estate tax controversy “must be decided under the specific provisions of section 302 (c) as amended, rather than upon any analogy from income tax cases [and that] the language of the statute does not clearly … All of the witnesses for petitioner were qualified to express opinions as to the value of the stock on the basic date, i. e., August 3, 1933.

Root v. Commissioner

5 B.T.A. 696 · United States Board of Tax Appeals · Nov 30, 1926

Root died on February 26, 1923, and left surviving, as his sole heir, his wife, Susie May Root, who was duly appointed and qualified as executrix of his estate. The value of the property is not in dispute. … The court entertain no doubt on the subject; and are clearly of opinion, that the title to land can be acquired and lost only in the manner prescribed by the law of the place where such land is situate.

Landman v. Commissioner

42 B.T.A. 958 · United States Board of Tax Appeals · Oct 15, 1940

As used in this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise: *03(a) "School year" means the period of time from July 1 of each year until June 30 of the following … But, as was said in , "Exemptions from taxation do not rest upon implication. * * * Similarly, the statutory immunity of War Risk Insurance from taxation does not *965 include an immunity from excises upon the occasion of

Coca-Cola Bottling Co. v. Commissioner

22 B.T.A. 686 · United States Board of Tax Appeals · Mar 11, 1931

The volume of stock sold is not large enough to indicate, clearly, any market value. However, such sales should not be wholly ignored. … Those witnesses thoroughly qualified as expert, experienced Coca-Cola dealers.

L. S. Donaldson Co. v. Commissioner

12 B.T.A. 271 · United States Board of Tax Appeals · Jun 1, 1928

chiefly upon the testimony of two witnesses who have been familiar with the real estate conditions in the City of Minneapolis, as well as with the particular property in question, for a number of years and were thoroughly qualified … Heiner, 25 Fed. (2d) 560, where the Court said: These departmental interpretations of the statute promulgated by formal regulations we think clearly put the instruments in suit in the class of notes.