Legal Opinion

United States v. Arnold

Court of Appeals for the Third Circuit

Decided February 4, 1937No. 5777PublishedCited by 5 opinions

1Opinion of the Court

DAVIS, Circuit Judge.

This is an appeal from a judgment of the District Court allowing recovery of an overpayment of income tax by the trustees.

In 1928 the trustees sold some of the assets of the Nirdlinger Estate and reported a profit of $169,656.51 on which they paid the income tax for that year. When their account was filed with the orphans’ court of Philadelphia County in 1932, it decreed that $23,805.23 of the profit resulting from the sale did not belong to the estate, but to the life tenants or beneficiaries, and was “currently” distributable to them.

Accordingly the tax thereon should…

2Cases cited2 opinions

  1. Freuler v. HelveringSupreme Court of the United States · 1934
  2. McCaughn v. Girard Trust Co.Court of Appeals for the Third Circuit · 1927

3Cited by5 opinions

  1. DeBrabant v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1937
  2. Spreckels v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1939
  3. Cope v. United StatesDistrict Court, E.D. Pennsylvania · 1948
  4. Estate of Harry S. Bond v. The United StatesUnited States Court of Claims · 1964
  5. Spreckels v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1939

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