ESTATE OF ANTHONY v. COMMISSIONER

Docket No. 4288.

5 T.C. 752 (1945)

ESTATE OF S. W. ANTHONY, DECEASED, GORDON MORRIS, LES M. HENDERSHOT, AND THE FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, CO-EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated September 19, 1945.


Attorney(s) appearing for the Case

Roger S. Randolph, Esq., for the petitioners.

Owen W. Swecker, Esq., for the respondent.


The Commissioner determined a deficiency in income tax for the year 1940 in the amount of $4,059.38. The question presented for our determination is whether petitioners are taxable on impounded oil income released in 1940 which decedent gave to his brother in 1937 after it was impounded.

FINDINGS OF FACT.

The facts are found as stipulated.

Petitioners are coexecutors of the estate of S. W. Anthony, deceased, having been so appointed by the County...

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