MARTHA K. BUTLER TRUST v. COMMISSIONER OF TAXATION

No. 36,638.

246 Minn. 456 (1956)

MARTHA K. BUTLER TRUST v. COMMISSIONER OF TAXATION.

Supreme Court of Minnesota.

March 2, 1956.


Attorney(s) appearing for the Case

Miles Lord, Attorney General, and Arthur C. Roemer, Special Assistant Attorney General, for relator.

Doherty, Rumble & Butler and John L. Hannaford, for respondent.


MATSON, JUSTICE.

Certiorari upon relation of the commissioner of taxation to review a decision of the state Board of Tax Appeals.

In 1948 the taxpayer sold securities for $304,159.61. The cost basis of the securities under the Minnesota Income Tax Act was the value of the securities on January 1, 1933, which was $94,500. The cost basis for the Federal income tax was the value of the securities in the estate of the decedent who died September 22, 1926, which...

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