Brooks v. Commissioner
United States Board of Tax Appeals
1. Income received by beneficiary, petitioner's divorced wife, under a trust established by petitioner during pendency of divorce proceedings and intended as a settlement between the parties of property rights arising from marriage, is not to be included in petitioner's income. 2. Payments received from testamentary trust are income in entirety and not in part recovery of capital represented by March 1, 1913, value of right to receive them.
1Opinion of the Court
opinion.
Goodeich:
Petitioner, a resident of New York City, assails respondent’s determination of a deficiency of $2,433.80 in income tax for 1930, raising two issues — first, whether he is taxable on the income of an irrevocable trust established during the pendency of divorce proceedings and intended as a settlement of the property rights as between himself and his wife, arising from the marriage relationship ; and, second, whether he is entitled to receive, tax-free, a part, representing return of capital, of the income received by him in 1930 as a beneficiary of a testamentary trust.
*71The…
2Cases cited11 opinions
- Gould v. GouldSupreme Court of the United States · 1917
- Burnet v. WellsSupreme Court of the United States · 1933
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Anderson v. WilsonSupreme Court of the United States · 1933
- Seatree v. CommissionerUnited States Board of Tax Appeals · 1932
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3Cited by5 opinions
- Hyde v. CommissionerUnited States Board of Tax Appeals · 1934
- Tuttle v. CommissionerUnited States Board of Tax Appeals · 1934
- Brooks v. CommissionerUnited States Board of Tax Appeals · 1934
- Hyde v. CommissionerUnited States Board of Tax Appeals · 1934
- Whitaker v. CommissionerUnited States Board of Tax Appeals · 1935