Legal Opinion

Donahue v. Commissioner

United States Board of Tax Appeals

Decided April 29, 1941No. Docket No. 92980Published

In 1931 petitioner established trusts for brothers and sisters of petitioner's deceased husband. The beneficiaries had never been members of petitioner's household. The trusts were to terminate and the corpora revert to petitioner on death of the respective beneficiaries. Petitioner agreed in the instrument to make up any deficiency in income. Held, income from the trusts is not taxable to petitioner.

1Opinion of the Court

JESSIE W. DONAHUE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Donahue v. Commissioner

Docket No. 92980.

United States Board of Tax Appeals

44 B.T.A. 329; 1941 BTA LEXIS 1345;

April 29, 1941, Promulgated

In 1931 petitioner established trusts for brothers and sisters of petitioner's deceased husband. The beneficiaries had never been members of petitioner's household. The trusts were to terminate and the corpora revert to petitioner on death of the respective beneficiaries. Petitioner agreed in the instrument to make up any deficiency in income. Held, income from the trusts is not…

2Cases cited12 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Lucas v. EarlSupreme Court of the United States · 1930
  3. Helvering v. HorstSupreme Court of the United States · 1940
  4. Douglas v. WillcutsSupreme Court of the United States · 1935
  5. Helvering v. WoodSupreme Court of the United States · 1940

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