- 32 - 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 paidPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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