Lovett v. Commissioner

Before JAMES, LITTLETON, SMITH, and TRUSSELL.

This is an appeal from the determination of a deficiency in income tax for the year 1923 in the amount of $228.19. The sole issue is whether the New York State transfer tax is deductible by an estate in determining taxable net income.

FINDINGS OF FACT.

Thomas J. Lovett died a resident of the city of Buffalo, N.Y., prior to the year 1923, and Joanna Lovett was duly appointed executrix of his estate. During the year 1923 the executrix filed a New York State transfer-tax return upon which was assessed a transfer tax of $5,650.29, which tax was paid by her in the year 1923. In making the income-tax return for the estate for that year the executrix deducted, as tax paid by the estate, the said amount of $5,650.29, and the Commissioner in the audit of the said return disallowed the said deduction and assessed the deficiency here in issue.

DECISION.

The deficiency determined by the Commissioner is disallowed. ; Appeal of edgar *2009 .