Legal Opinion

Fleischmann v. Commissioner

United States Board of Tax Appeals

Decided October 12, 1939No. Docket No. 90305Published

1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Income of a trust held taxable to the grantor where its use was restricted to the discharge of the grantor's obligation to support, educate, and maintain his minor son. 2. Id. - (b) POWER TO REVEST - ACCUMULATION OF INCOME FOR GRANTOR. - A deed of trust construed as reserving to the grantor no power to revest in himself title to any part of the corpus and as not authorizing…

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1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Income of a trust held taxable to the grantor where its use was restricted to the discharge of the grantor's obligation to support, educate, and maintain his minor son. 2. Id. - (b) POWER TO REVEST - ACCUMULATION OF INCOME FOR GRANTOR. - A deed of trust construed as reserving to the grantor no power to revest in himself title to any part of the corpus and as not authorizing the holding or accumulation of income for future distribution to him, under sections 166 and 167). 3. Id. - (c) ADVERSE…

1Opinion of the Court

RAOUL H. FLEISCHMANN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Fleischmann v. Commissioner

Docket No. 90305.

United States Board of Tax Appeals

40 B.T.A. 672; 1939 BTA LEXIS 817;

October 12, 1939, Promulgated

1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Income of a trust held taxable to the grantor where its use was restricted to the discharge of the grantor's obligation to support, educate, and maintain his minor son.

2. Id. - (b) POWER TO REVEST - ACCUMULATION OF INCOME FOR GRANTOR. - A deed of trust construed as reserving…

2Cases cited2 opinions

  1. Fleischmann v. CommissionerUnited States Board of Tax Appeals · 1939
  2. Von Gunten v. CommissionerUnited States Board of Tax Appeals · 1933

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