ESTATE OF JACOBS v. COMMISSIONER

Docket No. 8969.

8 T.C. 1015 (1947)

ESTATE OF DAISY W. JACOBS, SAMUEL A. JACOBS, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated May 13, 1947.


Attorney(s) appearing for the Case

David Baron, Esq., for the petitioner.

Frank M. Cavanaugh, Esq., for the respondent.


In this case the Commissioner has determined an estate tax deficiency of $1,300.86. In determining the deficiency, the Commissioner increased the deduction for executor's commission from the amount of $4,251.73 claimed in the estate tax return to $5,366.84, by reason of which the petitioner claims an overpayment.

The only question we have to decide is whether an item of $5,000 allowed by the probate court pursuant to Missouri statute for a year's support of the surviving...

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