Legal Opinion

Preston v. Commissioner

United States Tax Court

Decided June 30, 1950No. Docket No. 22160Published

1. Held, that a decision of a court of New York on a question of property interests in a related case involving the same class of payments as are involved in this proceeding is binding on this Court. Commissioner v. Blair, 300 U.S. 5. Held, further, that the question of whether the income which petitioner's decedent received from a trust was taxable to petitioner's decedent is a Federal tax law question.

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1. Held, that a decision of a court of New York on a question of property interests in a related case involving the same class of payments as are involved in this proceeding is binding on this Court. Commissioner v. Blair, 300 U.S. 5. Held, further, that the question of whether the income which petitioner's decedent received from a trust was taxable to petitioner's decedent is a Federal tax law question. Commissioner v. Blair, supra. 2. Held, that a trust of which petitioner's decedent was the beneficiary was not a revocable trust under section 166 of the Internal Revenue Code. Therefore,…

1Opinion of the Court

Estate of Alice Gwynne Preston, Deceased, Alice A. Russell, Administratrix, Petitioner, v. Commissioner of Internal Revenue, Respondent

Preston v. Commissioner

Docket No. 22160

United States Tax Court

14 T.C. 1391; 1950 U.S. Tax Ct. LEXIS 136;

June 30, 1950, Promulgated

Decision will be entered for the respondent.

1. Held, that a decision of a court of New York on a question of property interests in a related case involving the same class of payments as are involved in this proceeding is binding on this Court. Commissioner v. Blair, 300 U.S. 5. Held, further, that the question of whether the income…

2Cases cited8 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Blair v. CommissionerSupreme Court of the United States · 1937
  3. Freuler v. HelveringSupreme Court of the United States · 1934
  4. Carrier v. . CarrierNew York Court of Appeals · 1919
  5. Lowenstein v. CommissionerUnited States Tax Court · 1944

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