Legal Opinion

Ellis v. United States

District Court, W.D. Tennessee

Decided March 26, 1968No. Civ. No. 66-365PublishedCited by 2 opinions

1Opinion of the Court

OPINION

ROBERT M. McRAE, Jr., District Judge.

This is an action for the refund of a portion of Federal Income Taxes paid for the years 1960 through 1962. Both parties have filed motions for summary *169judgment based upon undisputed facts in the record.

The question for determination is: Whether a former wife, the beneficiary of an alimony trust, is entitled to a dividend credit and to exclude from her income her prorata share of the tax-exempt income received from the trust for the years involved.

The plaintiff, Mary C. Ellis, and Hayne Ellis, Jr. were married September 25, 1947. On December 17,…

2Cases cited4 opinions

  1. Stewart v. CommissionerUnited States Tax Court · 1947
  2. Neeman v. CommissionerUnited States Tax Court · 1956
  3. Luckenbach v. PedrickCourt of Appeals for the Second Circuit · 1954
  4. Girard Trust Corn Exchange Bank, as Trustee of a Trust Under Deed of Albert R. Gallatin Welsh Dated March 19, 1935 v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952

3Cited by2 opinions

  1. Mary C. Ellis v. United StatesCourt of Appeals for the Sixth Circuit · 1969
  2. Peoples National Bank v. Onorato, Pennsylvania Court of Common Pleas, Montgomery County1972

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