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ESTATE OF FAIRBANKS v. COMMISSIONER

Docket No. 428.

3 T.C. 260 (1944)

ESTATE OF MARGARET McALLEN FAIRBANKS, DECEASED, ARGYLE ASHLEY McALLEN AND ELDRED ELMER McALLEN, INDEPENDENT EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated February 15, 1944.

Attorney(s) appearing for the Case

Vernon B. Hill, Esq., for the petitioners.

Samuel G. Winstead, Jr., Esq., for the respondent.

OPINION.

BLACK, Judge:

The Commissioner has determined a deficiency of $4,440.30 in income tax against the estate of Margaret McAllen Fairbanks, deceased, for the year 1940. The deficiency is due to one adjustment made by the Commissioner in the return filed for the estate by the executors. That adjustment was explained in the deficiency notice as follows:

(a) On line 16 of your return for the year 1940 you claimed a deduction of income distributable...

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