De Brabant v. Commissioner
United States Board of Tax Appeals
TRUST INCOME - TO WHOM TAXABLE - REVENUE ACT OF 1928. - Where the person to whom income of a trust is distributable, is ascertained, but the distributability of that income, withheld during the tax year by the trustee on the ground that part or all of the amount withheld was corpus and not income, was contested, conclusively adjudicated in a later year as distributable income of the trust and then paid to the beneficiary, such income is not taxable to the trust under section…
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TRUST INCOME - TO WHOM TAXABLE - REVENUE ACT OF 1928. - Where the person to whom income of a trust is distributable, is ascertained, but the distributability of that income, withheld during the tax year by the trustee on the ground that part or all of the amount withheld was corpus and not income, was contested, conclusively adjudicated in a later year as distributable income of the trust and then paid to the beneficiary, such income is not taxable to the trust under section 161(a)(1), but is taxable to the beneficiary thereof for the year when distributable, whether or not it was then…
1Opinion of the Court
MARY CLARK DE BRABANT, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
De Brabant v. Commissioner
Docket No. 75546.
United States Board of Tax Appeals
34 B.T.A. 951; 1936 BTA LEXIS 623;
August 18, 1936, Promulgated
TRUST INCOME - TO WHOM TAXABLE - REVENUE ACT OF 1928. - Where the person to whom income of a trust is distributable, is ascertained, but the distributability of that income, withheld during the tax year by the trustee on the ground that part or all of the amount withheld was corpus and not income, was contested, conclusively adjudicated in a later year as distributable…
2Cases cited1 opinion
- De Brabant v. CommissionerUnited States Board of Tax Appeals · 1936