Legal Opinion
Fidelity Union Trust Co. v. Kelly
Court of Appeals for the Third Circuit
Decided February 14, 1939No. 6864PublishedCited by 4 opinions
1Opinion of the Court
BUFFINGTON, Circuit Judge.
On June 1, 1932, Florence M. Wallace, by written instrument, created an irrevocable trust in favor of her three children and the sole question involved in this tax case is whether the trust instrument created three separate trusts or a single one. The taxing authorities held a single trust was created and collected the tax on that basis. Thereupon the taxpayer paid under protest, and in the court below sued *334to recover on the, theory that separate trusts were created for each of Mrs. Wallace’s three children. The court sustained the government’s contention and .…
2Cases cited2 opinions
- US Trust Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Boucicault v. LeubuscherNew York Supreme Court · 1924
3Cited by4 opinions
- United States v. BrittenCourt of Appeals for the Third Circuit · 1947
- Britten v. United StatesDistrict Court, D. New Jersey · 1945
- Rand Trust v. CommissionerUnited States Tax Court · 1960
- Fidelity Union Trust Co. v. KellyCourt of Appeals for the Third Circuit · 1939