COMMISSIONER OF INTERNAL REVENUE v. TYREE'S ESTATE

No. 4778.

215 F.2d 78 (1954)

COMMISSIONER OF INTERNAL REVENUE v. TYREE'S ESTATE.

United States Court of Appeals, Tenth Circuit.

July 17, 1954.


Attorney(s) appearing for the Case

Ellis N. Slack, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., and Morton K. Rothschild, Sp. Asst. to the Atty. Gen., were with him on the brief), for petitioner.

Clarence E. Fox, Chicago, Ill. (Arthur Moreton, Salt Lake City, Utah, and J. F. Dammann, Chicago, Ill., were with him on the brief), for respondent.

Before BRATTON, HUXMAN, and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

This is a proceeding to review a decision of the tax court. It presents a question of the income status of the distributive share of a deceased partner which was paid to his estate at the close of the partnership fiscal year following the death of the partner. The tax court held that under the facts, the tax year of the partnership did not end with the death of the partner and that no part of the partnership income distributed after his death...

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