Donnelley v. Commissioner

MAJOR, Circuit Judge.

This is a petition for review of a decision of the United States Board of Tax Appeals entered January 19, 1938, determining a deficiency in petitioner’s income tax for the year 1932 in the amount of $4,638.97. The case presents the question of the liability of a beneficiary of a testamentary trust for a tax upon the income which he had assigned to his wife, prior to the tax year and which the trustee had paid to her accordingly, in lieu of alimony and in settlement of all property rights, including dower, which she might have or claim to have in his property.

The trust was…