ESTATE OF KAPPEL v. COMMISSIONER

Docket No. 584-76.

70 T.C. 415 (1978)

ESTATE OF WILLIAM J. KAPPEL (DECEASED) (WILLIAM D. KAPPEL AND SARA KAPPEL COURTLEY, CO-EXECUTORS) AND SARA KAPPEL COURTLEY, SURVIVING WIFE, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed June 7, 1978.


Attorney(s) appearing for the Case

Robert G. MacAlister and John A. Metz, Jr., for the petitioners.

David W. Otto, for the respondent.


SIMPSON, Judge:

The Commissioner determined a deficiency of $13,675 in the petitioners' Federal income tax for 1954. The issues for decision are: (1) Whether the Commissioner, who relies upon the mitigation provisions of sections 1311 through 1314, Internal Revenue Code of 1954,1 has proved that the Kappels paid a tax on certain annuity income for 1955 within the meaning of section 1312(3)(A) and that they maintained an inconsistent...

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