Legal Opinion

Bendheim v. Commissioner

United States Board of Tax Appeals

Decided September 22, 1927No. Docket Nos. 7963, 7964Published

1. A trustee's commissions which are attributable solely to receipt and disbursement of income are deductible from the gross income of the trust. 2. Neither capital losses incurred by a trust nor depreciation on capital assets of the trust may be deducted by a beneficiary of the trust from her gross income. 3. A life tenant is not taxable on gain made in a sale of the fee simple.

1Opinion of the Court

HENRIETTA BENDHEIM, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

JULIUS BENDHEIM, EXECUTOR, ESTATE OF A. M. BENDHEIM, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Bendheim v. Commissioner

Docket Nos. 7963, 7964.

United States Board of Tax Appeals

8 B.T.A. 158; 1927 BTA LEXIS 2920;

September 22, 1927, Promulgated

1. A trustee's commissions which are attributable solely to receipt and disbursement of income are deductible from the gross income of the trust.

2. Neither capital losses incurred by a trust nor depreciation on capital assets of the trust may be deducted by a…

2Cases cited1 opinion

  1. Bendheim v. CommissionerUnited States Board of Tax Appeals · 1927

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