Swift v. Director of Revenue

ROBERTSON, Judge.

This is an appeal from a decision of the Administrative Hearing Commission upholding Missouri income tax assessments on appellants’ income for 1982. Appellants are testamentary trusts. This case involves the construction of the revenue laws of this State; we have jurisdiction. Mo. Const, art. Y, § 3. The issue is whether Missouri may tax the income of testamentary trusts created by the will of a Missouri domicilliary when the trust property, trust administration, and all beneficiaries are located outside Missouri. We find that there is an insufficient nexus between this state…