ESTATE OF UPDIKE v. COMMISSIONER

Docket No. 31819.

11 T.C.M. 441 (1952)

Estate of Nelson B. Updike, Deceased, James J. Fitzgerald, Jr. and Nelson B. Updike, Jr., Executors v. Commissioner.

United States Tax Court.

Entered May 5, 1952.


Attorney(s) appearing for the Case

Charles A. Schorr, Esq., 810 Insurance Bldg., Omaha, Neb., and James W. B. Brown, Esq., for the petitioners. Frank Cavanaugh, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

TIETJENS, Judge:

This proceeding involves an income tax deficiency of $2,777.11 in the tax liability of Nelson B. Updike, deceased, for the taxable year beginning January 1, 1948, and ending October 15, 1948, the date of decedent's death.

The issues presented are whether respondent erred (1) in including as additional income of decedent for the taxable year, partnership income of $2,257.87, representing one...

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