Legal Opinion

Horn v. Commissioner

United States Tax Court

Decided August 17, 1945No. Docket No. 5612Published

Petitioner is the life beneficiary of a testamentary trust. The trust corpus included an undivided interest in certain real estate owned by testator at his death. During the years 1929 to 1940 the expenses of the trust incident to this real estate exceeded the income therefrom by approximately $ 6,500. These excess expenses were deducted from the other trust income before distributions were made to petitioner.

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Petitioner is the life beneficiary of a testamentary trust. The trust corpus included an undivided interest in certain real estate owned by testator at his death. During the years 1929 to 1940 the expenses of the trust incident to this real estate exceeded the income therefrom by approximately $ 6,500. These excess expenses were deducted from the other trust income before distributions were made to petitioner. In 1940, in an accounting of the trust and at the request of petitioner, the court having jurisdiction over the trust ordered that $ 6,500 (representing this accumulated excess of…

1Opinion of the Court

Kathryn E. T. Horn, Petitioner, v. Commissioner of Internal Revenue, Respondent

Horn v. Commissioner

Docket No. 5612

United States Tax Court

5 T.C. 597; 1945 U.S. Tax Ct. LEXIS 102;

August 17, 1945, Promulgated

Decision will be entered for the respondent.

Petitioner is the life beneficiary of a testamentary trust. The trust corpus included an undivided interest in certain real estate owned by testator at his death. During the years 1929 to 1940 the expenses of the trust incident to this real estate exceeded the income therefrom by approximately $ 6,500. These excess expenses were deducted from the…

2Cases cited4 opinions

  1. Levy's EstateSupreme Court of Pennsylvania · 1939
  2. Johnston v. CommissionerUnited States Tax Court · 1942
  3. Lewis v. CommissionerUnited States Tax Court · 1943
  4. Horn v. CommissionerUnited States Tax Court · 1945

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