Legal Opinion

Black v. Commissioner

United States Tax Court

Decided September 19, 1945No. Docket No. 6190Published

During the taxable years the petitioner was the trustee of an irrevocable trust which he created in 1937 for the benefit of his son and any of his children who might be born thereafter. The original trustee was petitioner's father, who died within a few months after the trust was created. Pursuant to the provisions of the trust indenture, the petitioner became trustee upon his father's death. The trustee had broad powers of management.

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During the taxable years the petitioner was the trustee of an irrevocable trust which he created in 1937 for the benefit of his son and any of his children who might be born thereafter. The original trustee was petitioner's father, who died within a few months after the trust was created. Pursuant to the provisions of the trust indenture, the petitioner became trustee upon his father's death. The trustee had broad powers of management. No part of the trust fund or of the income therefrom was used by the petitioner for his own benefit during the taxable years and the trustee had only such…

1Opinion of the Court

Donald S. Black, Petitioner, v. Commissioner of Internal Revenue, Respondent

Black v. Commissioner

Docket No. 6190

United States Tax Court

5 T.C. 759; 1945 U.S. Tax Ct. LEXIS 81;

September 19, 1945, Promulgated

Decision will be entered under Rule 50.

During the taxable years the petitioner was the trustee of an irrevocable trust which he created in 1937 for the benefit of his son and any of his children who might be born thereafter. The original trustee was petitioner's father, who died within a few months after the trust was created. Pursuant to the provisions of the trust indenture, the petitioner…

2Cases cited5 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Carrier v. . CarrierNew York Court of Appeals · 1919
  3. Hall v. CommissionerUnited States Tax Court · 1944
  4. Black v. CommissionerUnited States Tax Court · 1945
  5. Cushman v. CommissionerUnited States Tax Court · 1944

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