Metcalf v. Helvering

This case involves the same question that was before us in Helvering v. Leonard, 2 Cir., 105 F.2d 900, where we held that, when the law of a state made final the settlement of a husband with his wife, preparatory to a divorce, the income from the trusts so set up was not taxable against the settlor. The only question open here is whether the settlement was, final under the law of Maine, where the parties lived at the time of the divorce. That depends upon the meaning of § 11 of Chapter 73 of the Revised Statutes of Maine of 1930 1, before the amendment of 1937 (Pub.Laws 1937, c. 7). In…