ESTATE OF ALLEN v. COMMISSIONER

Docket No. 6059.

6 T.C. 597 (1946)

ESTATE OF WILLIAM P. ALLEN, FIDUCIARY TRUST COMPANY OF NEW YORK, CO-EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 29, 1946.


Attorney(s) appearing for the Case

Arthur A. Ballantine, Esq., Charles C. MacLean, Jr., Esq., and S. Milton Simpson, Esq., for the petitioner.

Scott A. Dahlquist, Esq., for the respondent.


This proceeding involves a deficiency in income tax in the amount of $2,854.17 for the calendar year 1941. The sole issue is whether net capital gains, credited to principal of the trust estate, are deductible under section 162 (a) of the Internal Revenue Code. The case was submitted upon a stipulation of facts and oral testimony. The stipulated facts are so found. Other facts are found from the evidence.

FINDINGS OF FACT.

Petitioner is the estate of William...

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