[Download] "Cleveland v. Higgins" by Second Circuit Circuit Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cleveland v. Higgins
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 10, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The plaintiffs are executors of the will of Alfred W. Erickson, a resident of the City of New York who died November 2, 1936. They duly filed an estate tax return and then elected, pursuant to the option provided by § 302(j) of the Revenue Act of 1926, as added by amendment by § 202 (a) of the Revenue Act of 1935, 26 U.S. C.A. Int. Rev. Acts, page 231, to have the value of the gross estate determined by a valuation as of one year after the date of decedents death. Upon audit of the return, the Commissioner determined a deficiency by adding to the gross estate as reported the amount of the estates income during the year following the decedents death. The estate tax as thus determined was paid in 1939, the last payment being made on September 29th. The executors contended through their attorneys that this income was not lawfully includable in the gross estate and filed a claim on October 24, 1939, for the refund of the taxes assessed and paid because it had been included. On November 24, 1939, an amended claim for the same refund was filed and on January 29, 1940, the Commissioner rejected both the original and the amended claim in full.