Richard Alan Cronk - Page 7

                                        - 6 -                                         

          income, the tax amounts to approximately $3,300; whereas, if the            
          interest is lumped with petitioner’s salary and other income, the           
          tax on the interest approximates $8,570.  Respondent was not                
          caught off guard by this strategy.                                          
               With respect to the first issue, whether petitioner realized           
          interest income during 2001, the Court sustains respondent.  The            
          accrued interest on the bonds, as the Court held in a parallel              
          situation in Apkin v. Commissioner, 86 T.C. 692, 695 (1986),                
          constituted “income in respect of a decedent” under section 691,            
          which provides in pertinent part:                                           

               SEC. 691(a).  Inclusion in Gross Income.--                             
                    (1) General rule.--The amount of all items of gross               
               income in respect of a decedent which are not properly                 
               includible in respect of the taxable period in which falls             
               the date of his death or a prior period * * * shall be                 
               included in the gross income, for the taxable year when                
               received, of:                                                          
                         *     *     *     *     *     *     *                        
                         (B) the person who, by reason of the death of the            
                    decedent, acquires the right to receive the amount, * *           
                    *                                                                 

          Petitioner inherited the bonds when his mother died in 1999.                
          Petitioner was not only her sole heir but was the sole legatee in           
          her will.  Additionally, petitioner was the named beneficiary on            
          the bonds.  No election had previously been made under section              
          454(a) by petitioner’s mother to have the annual interest on the            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011