Schmitt v. State Tax Commission

Petek M. Gunnak, Judge.

This is an appeal from State Tax Commission opinion and order No. 1-62-5 sustaining against the plaintiffs an income tax deficiency assessment for the tax year 1959. It comes before this court upon a general demurrer by the defendant, and the decision upon the demurrer is determinative of the entire appeal.

The plaintiffs, who are husband and wife, by a written declaration of trust, dated December 28, 1959, created an irrevocable trust of which plaintiff Herman Schmitt is the trustee. To the trust they conveyed a one-sixth interest in a valuable apartment house property…