- 33 - referral fees only to outside attorneys and associates, not to CSB shareholders; and (3) CSB owned its cases and work in process. Petitioner’s arguments do not take into account the fact that the payment to decedent’s estate was set at $5 million pursuant to a written agreement between CSB and decedent and was made because decedent performed services for CSB, such as bringing cases to CSB. CSB’s ownership of work in process, the rights of other CSB shareholders, and CSB’s practices regarding the payment of referral fees are not dispositive of whether any part of the $5 million payment was income in respect of a decedent. The $5 million payment from CSB was income in respect of a decedent (to the extent it was not payment for decedent’s CSB stock) because it was attributable to personal services decedent provided to CSB and was payable on his death. Estate of Bausch v. Commissioner, 186 F.2d 313, 314 (2d Cir. 1951) (payments made voluntarily by a corporation to decedents’ estates upon their deaths in recognition of services to the corporation are income in respect of a decedent), affg. 14 T.C. 1433 (1950); Collins v. United States, 318 F. Supp. 382, 389 (C.D. Cal. 1970) (payments made pursuant to a written agreement for 5 years to the wife of a deceased employee of a company were income in respect of a decedent because the decedent bargained for those payments in exchange for his services), affd. per curiam 448 F.2d 787 (9thPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011