Legal Opinion

Glendinning v. Commissioner

United States Board of Tax Appeals

Decided August 31, 1937No. Docket No. 81585Published

Income from a trust paid to a divorced and remarried wife held taxable to the husband who created the trust, under the terms of the trust agreement, even though, in the absence of such agreement, his obligation to support and maintain his wife would have been terminated, under the law of Pennsylvania, by her divorce and remarriage.

1Opinion of the Court

ROBERT GLENDINNING AND EDNA M. WELSH, EXECUTORS OF THE ESTATE OF CHARLES N. WELSH, DECEASED, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Glendinning v. Commissioner

Docket No. 81585.

United States Board of Tax Appeals

36 B.T.A. 486; 1937 BTA LEXIS 702;

August 31, 1937, Promulgated

Income from a trust paid to a divorced and remarried wife held taxable to the husband who created the trust, under the terms of the trust agreement, even though, in the absence of such agreement, his obligation to support and maintain his wife would have been terminated, under the law of Pennsylvania, by…

2Cases cited10 opinions

  1. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  2. Douglas v. WillcutsSupreme Court of the United States · 1935
  3. United States v. Boston & Maine RailroadSupreme Court of the United States · 1929
  4. Helvering v. StokesSupreme Court of the United States · 1935
  5. Helvering v. CoxeySupreme Court of the United States · 1936

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