Handly v. Commissioner
United States Board of Tax Appeals
The income of a trust created in Tennessee by a mother for the education and support of each of her minor children and distributed to their father, one of the trustees, for that purpose, held not within her gross income, notwithstanding the settlor's right to revoke as to principal in a future year.
1Opinion of the Court
*1273OPINION.
StekNiiageN :
The respondent has treated the trust income as taxable to the settlor under Kevenue Act of 1928, section 167.1 It is, however, hard to see this without confusing the mother and the children. She was not a beneficiary of the trust during any of the years before us, nor, during those years, could any part of the trust income be legally distributed to her individually, nor could it be held or accumulated for future distribution to her. It could only be and was only distributed to Oscar Handly for the named beneficiaries. The fact that they were minors under guardianship is…
2Cases cited3 opinions
- Burnet v. WellsSupreme Court of the United States · 1933
- Owen v. WatsonTennessee Supreme Court · 1928
- Schweitzer v. CommissionerUnited States Board of Tax Appeals · 1934
3Cited by6 opinions
- Helvering v. DunningCourt of Appeals for the Fourth Circuit · 1941
- Anderson v. CommissionerUnited States Board of Tax Appeals · 1934
- Anderson v. CommissionerUnited States Board of Tax Appeals · 1934
- Anderson v. CommissionerUnited States Board of Tax Appeals · 1934
- Handly v. CommissionerUnited States Board of Tax Appeals · 1934
1 more not listed; retrieve them via the Exa API.