Mott v. Commissioner
United States Board of Tax Appeals
1. Where the petitioner was both grantor and trustee under a deed of trust and had the right to deduct and retain annually 3 percent of the gross income of the trust as compensation for services as trustee, but did not make any charge for such services and did not collect anything therefor, and kept his accounts and made his returns on a cash receipts and disbursements basis, the allowable compensation is not taxable income to him. 2. Where the petitioner created three…
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1. Where the petitioner was both grantor and trustee under a deed of trust and had the right to deduct and retain annually 3 percent of the gross income of the trust as compensation for services as trustee, but did not make any charge for such services and did not collect anything therefor, and kept his accounts and made his returns on a cash receipts and disbursements basis, the allowable compensation is not taxable income to him. 2. Where the petitioner created three trusts for the benefit of his three children and provided in each that he as trustee was empowered to pay from the income…
1Opinion of the Court
CHARLES STEWART MOTT, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Mott v. Commissioner
Docket Nos. 51585, 57506.
United States Board of Tax Appeals
30 B.T.A. 1040; 1934 BTA LEXIS 1234;
June 26, 1934, Promulgated
1. Where the petitioner was both grantor and trustee under a deed of trust and had the right to deduct and retain annually 3 percent of the gross income of the trust as compensation for services as trustee, but did not make any charge for such services and did not collect anything therefor, and kept his accounts and made his returns on a cash receipts and disbursements…
2Cases cited9 opinions
- Heiner v. DonnanSupreme Court of the United States · 1932
- Dahnke-Walker Milling Co. v. BondurantSupreme Court of the United States · 1921
- Burnet v. WellsSupreme Court of the United States · 1933
- Schlesinger v. WisconsinSupreme Court of the United States · 1926
- Bowers v. Kerbaugh-Empire Co.Supreme Court of the United States · 1926
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