Legal Opinion
Inez De Amodio, in No. 13740, John Amodio (Marquis Deamodio), in No. 13741 v. Commissioner of Internatal Revenue
Court of Appeals for the Third Circuit
Decided February 21, 1962No. 13741_1PublishedCited by 23 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
I
The first question in this litigation is whether the taxpayers, who are brother and sister, can, for the years 1953 and 1954, be taxed as individuals on the capital gains of a trust of which they are the sole beneficiaries. The Tax Court said that they could be so taxed; hence these appeals. 34 T.C. 894 (1960).
Inez DeAmodio and John Amodio are the sole beneficiaries of a trust set up by them in 1947. 1 2 Under the trust agreement the trustee had the power to determine whether money or property coming into his possession should be treated as corpus or income. 3…
2Cases cited4 opinions
- De Amodio v. CommissionerUnited States Tax Court · 1960
- St. Marks Episcopal Church v. LowryCourt of Appeals of Texas · 1954
- Welch v. BradleyCourt of Appeals for the First Circuit · 1942
- Cochran v. United StatesUnited States Court of Claims · 1945
3Cited by23 opinions
- Wesenberg v. CommissionerUnited States Tax Court · 1978
- W. W. Windle Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1977
- Commissioner v. MakranskyCourt of Appeals for the Third Circuit · 1963
- Simenon v. CommissionerUnited States Tax Court · 1965
- Commissioner of Internal Revenue, in No. 13,785 v. Robert Makransky, of the Estate of Harry Makransky, and Helen Makransky. Commissioner of Internal Revenue, in Nos. 13,786, 13,787 v. Emanuel Moss and Sylvia Moss. Commissioner of Internal Revenue, in Nos. 13,788, 13,789 v. Hilda B. Schneider. Trust Under Deed of Joseph Binenstock (Deceased), Girard Trust Corn Exchange Bank, Theodora B. Jacobs, Sylvia B. Moss, Hilda B. Schneider (Formerly Hilda B. Raines), Helen B. Makransky, John Tait and Albert Barnes Zink, Trustees, in Nos. 13,790, 13,791 v. Commissioner of Internal Revenue, Commissioner of Internal Revenue, in Nos. 13,792, 13,793 v. Allen C. Jacobs and Theodora B. JacobsCourt of Appeals for the Third Circuit · 1963
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