Legal Opinion

Adams v. Commissioner

United States Board of Tax Appeals

Decided May 6, 1941No. Docket No. 98106PublishedCited by 4 opinions

Held, on the facts, that the petitioner had no right in the taxable years to income from sale of corporate stock received as dividends by the trust of which she was life beneficiary and that the respondent erred in including same in her income under section 162(b), revenue Act of 1934.

1Opinion of the Court

opinion.

Disney :

This proceeding involves an appeal from a determination of deficiencies in income tax for the taxable years 1934 and 1935 in *409the amounts of $3,950.58 and $125.11, respectively. The question for determination is whether there should be included in petitioner’s income certain proceeds of the sale of corporate stock by the trustees of a trust of which the petitioner was a beneficiary.

The petition assigned errors, in substance, as follows:(a) The inclusion by the respondent in petitioner’s taxable income for the year 1934 of any part of the proceeds from the sale of 6,800 shares…

2Cases cited5 opinions

  1. Blair v. CommissionerSupreme Court of the United States · 1937
  2. Freuler v. HelveringSupreme Court of the United States · 1934
  3. Waterhouse's EstateSupreme Court of Pennsylvania · 1932
  4. Kinter's AppealSupreme Court of Pennsylvania · 1869
  5. Meckel's AppealSupreme Court of Pennsylvania · 1886

3Cited by4 opinions

  1. Craig v. United StatesDistrict Court, W.D. Pennsylvania · 1946
  2. Adams v. CommissionerUnited States Board of Tax Appeals · 1941
  3. Balzereit v. CommissionerUnited States Board of Tax Appeals · 1942
  4. Clegg v. CommissionerUnited States Board of Tax Appeals · 1942

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