Reese v. Commissioner
United States Board of Tax Appeals
1. A fee paid by a trustee to a referee in a contested accounting, which under the trust is a factor which reduces trust income distributable to beneficiaries, may not increase the beneficiaries' distributable share of trust income above the amount received. 2. Fee paid by the beneficiary to lawyers representing her in such contested accounting is not deductible by her.
1Opinion of the Court
opinion.
Sternhagen :
Respondent determined a deficiency of $4,200.16 in petitioner’s income tax for 1929. The proceeding was submitted upon a stipulation of facts.
1. The first issue grows out of the facts contained in subdivision (2) of the stipulation, and since the respondent concedes that his determination was to this extent in error, it is unnecessary to set forth this part of the stipulation or to discuss the issue.
2. Another issue, growing out of the facts contained in subdivision (6), is disposed of favorably to petitioner by respondent’s concession that his determination was erroneous,…
2Cases cited4 opinions
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Cadwalader v. CommissionerUnited States Board of Tax Appeals · 1933
- Walker v. CommissionerUnited States Board of Tax Appeals · 1930
- Wurts-Dundas v. CommissionerUnited States Board of Tax Appeals · 1929
3Cited by4 opinions
- Herbst v. CommissionerUnited States Tax Court · 1943
- Gallagher v. CommissionerUnited States Tax Court · 1944
- Hopkinson v. CommissionerUnited States Board of Tax Appeals · 1940
- Reese v. CommissionerUnited States Board of Tax Appeals · 1933