Estate of Robert E. Cartwright, Deceased, Dorothy G. Cartwright, Executrix - Page 32

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               The statute does not define the term “income in respect of a           
          decedent”.  Section 1.691(a)-1(b), Income Tax Regs., provides:              
                    (b) General definition.  In general, the term                     
               "income in respect of a decedent" refers to those                      
               amounts to which a decedent was entitled as gross                      
               income but which were not properly includible in                       
               computing his taxable income for the taxable year                      
               ending with the date of his death * * *.                               
               Petitioner argues that the $5 million payment to decedent’s            
          estate is not income in respect of a decedent under section 691.            
          Petitioner’s position parallels petitioner’s contention (rejected           
          above) that the $5 million payment was made exclusively to buy              
          decedent’s CSB stock.                                                       
               Respondent concedes that the payment to decedent’s estate is           
          not income in respect of a decedent to the extent that it was               
          paid to buy decedent’s stock.  Thus, we need decide only whether            
          the $3,956,267 CSB paid to decedent’s estate in lieu of any claim           
          for work in process is income in respect of a decedent.                     
               Petitioner contends that there is no income in respect of a            
          decedent from the sale of stock to the corporation when the                 
          shareholder dies because the sale occurs after the shareholder's            
          death.  See sec. 1.691(a)-2(b), Example (4), Income Tax Regs.               
          Petitioner argues that none of the CSB payment to decedent’s                
          estate is taxable to petitioner as income in respect of a                   
          decedent because:  (1) CSB’s shareholders had no right to                   
          earnings beyond salary or to bonuses until yearend when the                 
          officers decided how to divide CSB’s profits; (2) CSB paid                  




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