ESTATE OF ATKINS v. COMMISSIONER

Docket No. 109961.

2 T.C. 332 (1943)

ESTATE OF GEORGE HERBERT ATKINS, DECEASED, LAURA STOUDER ATKINS, EXECUTRIX, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated June 30, 1943.


Attorney(s) appearing for the Case

R. H. Cross, Esq., and A. H. Brandt, Esq., for the petitioner.

Frank T. Horner, Esq., for the respondent.


This proceeding involves a deficiency in estate tax in the amount of $5,036.57. No controversy exists as to the facts. Some of the adjustments made by the respondent are not questioned.

Stated generally the questions are: (1) Did petitioner correctly include in schedule D of the estate tax return a portion of the proceeds of insurance collected by a partnership of which decedent was a member at the time of his death and exclude therefrom $40,000 under section 811...

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