Maiatico v. Commissioner
United States Tax Court
Held, petitioner's wife, as trustee for their four minor children, can not be recognized for income tax purposes as a member of a certain partnership dealing in real estate.
1Opinion of the Court
OPINION-.
Van Fossan, Judge-.
The respondent contends that the net rental income reported in the 1942 and 1943 partnership returns as distributable to petitioner’s wife as trustee for each of their four minor children is taxable to petitioner under section 22 (a) of the Internal Revenue Code and the rule enunciated in Helvering v. Clifford, 309 U. S. 331, and Harrison v. Schaffner, 312 U. S. 579. He further contends that the agreement of January 11, 1941, was ineffective to constitute Rose Maiatico, as trustee, a partner with the owners of the other fractional interests in the various…
2Cases cited7 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Commissioner v. TowerSupreme Court of the United States · 1946
- Harrison v. SchaffnerSupreme Court of the United States · 1941
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
- Commissioner v. HarmonSupreme Court of the United States · 1944
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hanson v. BirminghamDistrict Court, N.D. Iowa · 1950
- Maiatico v. CommissionerUnited States Tax Court · 1949