Legal Opinion

Brookman v. Commissioner

United States Board of Tax Appeals

Decided March 7, 1940No. Docket No. 95871Published

Petitioner created a trust for his wife in accordance with the terms of a property settlement. Under the trust agreement the wife was to receive $425 a month, to be reduced to $225 a month if their son should cease to live with his mother or attain the age of 21. Petitioner was under no obligation to make up deficiencies in trust income. Shortly thereafter the parties were divorced. Before the taxable year petitioner's former wife remarried.

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Petitioner created a trust for his wife in accordance with the terms of a property settlement. Under the trust agreement the wife was to receive $425 a month, to be reduced to $225 a month if their son should cease to live with his mother or attain the age of 21. Petitioner was under no obligation to make up deficiencies in trust income. Shortly thereafter the parties were divorced. Before the taxable year petitioner's former wife remarried. During the taxable year the son ceased to live with his mother and the parties directed the trustee to reduce the monthly payments to the former wife to…

1Opinion of the Court

MURRAY BROOKMAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Brookman v. Commissioner

Docket No. 95871.

United States Board of Tax Appeals

41 B.T.A. 557; 1940 BTA LEXIS 1167;

March 7, 1940, Promulgated

Petitioner created a trust for his wife in accordance with the terms of a property settlement. Under the trust agreement the wife was to receive $425 a month, to be reduced to $225 a month if their son should cease to live with his mother or attain the age of 21. Petitioner was under no obligation to make up deficiencies in trust income. Shortly thereafter the parties were divorced.…

2Cases cited6 opinions

  1. Douglas v. WillcutsSupreme Court of the United States · 1935
  2. Helvering v. FitchSupreme Court of the United States · 1940
  3. Tremper v. TremperCalifornia Court of Appeal · 1918
  4. Blair v. WilliamsCalifornia Court of Appeal · 1927
  5. Blumenthal v. CommissionerUnited States Board of Tax Appeals · 1936

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