Legal Opinion

Burgwin v. Commissioner

United States Tax Court

Decided February 11, 1959No. Docket No. 66160PublishedCited by 5 opinions

Petitioner is the life beneficiary of a testamentary trust. The trustee surrendered 110 shares of stock of the Union Trust Company of Pittsburgh in exchange for 880 shares of stock of the Mellon National Bank and Trust Company pursuant to a tax-free exchange of stock for stock on reorganization. The trustees allocated the 880 shares received in the exchange to corpus.

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Petitioner is the life beneficiary of a testamentary trust. The trustee surrendered 110 shares of stock of the Union Trust Company of Pittsburgh in exchange for 880 shares of stock of the Mellon National Bank and Trust Company pursuant to a tax-free exchange of stock for stock on reorganization. The trustees allocated the 880 shares received in the exchange to corpus. Petitioner filed exceptions to the account of the trustees and brought an unsuccessful suit in the courts of Pennsylvania, claiming that 509 shares of stock should be distributed to her as income. Held, petitioner is entitled…

1Opinion of the Court

OPINION.

Withey, Judge:

Respondent determined a deficiency in petitioner’s income tax for 1954 in the amount of $2,698.82, of which $2,607.82 is here in dispute.

The sole issue presented for decision is the correctness of the respondent’s action in disallowing a deduction claimed by the petitioner in her income tax return for 1954 in the amount of $2,865.74, representing legal expenses paid in an unsuccessful suit by her as the life beneficiary of a trust.

The facts have been stipulated and are so found as follows:

Petitioner Adelaide D. J. Burgwin is a resident of Sewickley Heights, Sewickley,…

2Cases cited11 opinions

  1. Plunkett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1941
  2. Beck v. CommissionerUnited States Tax Court · 1950
  3. McFaddin v. CommissionerUnited States Tax Court · 1943
  4. Helvering v. StormfeltzCourt of Appeals for the Eighth Circuit · 1944
  5. Plunkett v. CommissionerUnited States Board of Tax Appeals · 1940

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Tighe v. CommissionerUnited States Tax Court · 1959
  2. Commissioner of Internal Revenue v. Adelaide D. J. BurgwinCourt of Appeals for the Third Circuit · 1960
  3. Burgwin v. CommissionerUnited States Tax Court · 1959
  4. Scheefer v. CommissionerUnited States Tax Court · 1966
  5. Tighe v. CommissionerUnited States Tax Court · 1959

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