Green v. Commissioner
United States Tax Court
1. Petitioner created two trusts for the benefit of his wife and minor son, respectively. As settlor-trustee, petitioner retained broad managerial powers over the trusts, including the right to deal with himself as an individual with respect to the trust properties. Held, the petitioner is taxable as an individual on the income of the trusts under section 22 (a), Revenue Acts of 1936 and 1938 and the Internal Revenue Code. Ellis H. Warren, 45 B. T. A. 379; affd., 133 Fed.
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1. Petitioner created two trusts for the benefit of his wife and minor son, respectively. As settlor-trustee, petitioner retained broad managerial powers over the trusts, including the right to deal with himself as an individual with respect to the trust properties. Held, the petitioner is taxable as an individual on the income of the trusts under section 22 (a), Revenue Acts of 1936 and 1938 and the Internal Revenue Code. Ellis H. Warren, 45 B. T. A. 379; affd., 133 Fed. (2d) 312, followed. 2. Held, section 275 (c) of the Revenue Act of 1936 is applicable and deficiencies determined for 1937…
1Opinion of the Court
OPINION.
Van Fossan, Judge'.
The first question for our decision is whether the petitioner is taxable individually upon the income of the trusts created by him in 1935. In the notice of deficiency the respondent determined that the petitioner was taxable under section 22 (a) “and/ or section 167” of the Revenue Acts of 1936 and 1938 and of the Internal Revenue Code. In his brief, however, he argues the applicability only of section 22 (a) and, in view of our decision, we shall confine our discussion to that section.
The respondent contends that the issue in the instant proceedings is identical…
2Cases cited6 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Hale v. CommissionerUnited States Tax Court · 1942
- Chertoff v. CommissionerUnited States Tax Court · 1946
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Lawrence v. CommissionerUnited States Tax Court · 1957
- Hurley v. CommissionerUnited States Tax Court · 1954
- Northern Ind. Pub. Serv. Co. v. CommissionerUnited States Tax Court · 1993
- Romine v. Comm'rUnited States Tax Court · 1956
- Hatch v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1951
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