ESTATE OF McJUNKIN v. COMMISSIONER

Docket No. 34185.

25 T.C. 16 (1955)

ESTATE OF W. P. McJUNKIN, DECEASED, FIDELITY TRUST COMPANY, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed October 14, 1955.


Attorney(s) appearing for the Case

Thomas L. Wentling, Esq., for the petitioner.

Edward L. Cobb, Esq., for the respondent.


Respondent determined a deficiency in the income tax of W. P. McJunkin, deceased, for the taxable year 1944 in the amount of $6,663.67.

The issue for decision is whether the compensation which the decedent received in the year 1944 for services rendered by him as a trustee constituted at least 80 per cent of the total compensation which he received for such services over a period of approximately 10 years, so as to make available the benefits of section 107 (a) of...

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