- 2 - MEMORANDUM OPINION WHALEN, Judge: These consolidated cases are before the Court to decide the motion for summary judgment filed by the Estate of James R. Tobias and Ms. V. Pauline Tobias, the cross-motion for summary judgment filed by Mr. Darwin R. Tobias, Sr., and Ms. Shirley I. Tobias, and the cross- motion for summary judgment filed by respondent. The principal issues for decision in these cases involve the allocation of income pursuant to section 704 from an animal farm business. All section references in this opinion are to the Internal Revenue Code as in effect during the years in issue, unless specified otherwise. Respondent's determinations have the effect of allocating all of the income from the business for the years 1991 and 1993 to Mr. James R. Tobias and allocating 50 percent of the income from the same business for the years 1990, 1991, and 1993 to Mr. Darwin R. Tobias. Background The two cases consolidated herein involve petitions filed by or on behalf of two brothers and their wives. The first brother, Mr. James R. Tobias, died on September 8, 1996. In this opinion, he is sometimes referred to as the decedent or James. His wife, Ms. V. Pauline Tobias, was appointed executrix of his estate. She resided in Halifax,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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