Legal Opinion

Brown v. Commissioner

United States Board of Tax Appeals

Decided August 10, 1938No. Docket No. 91233Published

One Isaac Stephenson created a trust in 1917, by the terms of which petitioners' decedent was entitled to the income from a part of the trust estate and ultimately to the principal of that part. She was also given a power of appointment as to her interests in the trust estate.

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One Isaac Stephenson created a trust in 1917, by the terms of which petitioners' decedent was entitled to the income from a part of the trust estate and ultimately to the principal of that part. She was also given a power of appointment as to her interests in the trust estate. The trust instrument provided that under certain circumstances, similar to those recited in "spendthrift" trusts, the trustees might make the payments due under the trust not to the beneficiaries directly, but for their benefit. Petitioners' decedent died in 1935, having, by will exercised her power of appointment.…

1Opinion of the Court

HARRY J. BROWN, RALPH SKIDMORE AND C. W. SKOWLUND, AS EXECUTORS OF THE WILL OF MAGGIE HODGINS, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Brown v. Commissioner

Docket No. 91233.

United States Board of Tax Appeals

38 B.T.A. 298; 1938 BTA LEXIS 884;

August 10, 1938, Promulgated

One Isaac Stephenson created a trust in 1917, by the terms of which petitioners' decedent was entitled to the income from a part of the trust estate and ultimately to the principal of that part. She was also given a power of appointment as to her interests in the trust estate. The trust instrument…

2Cases cited10 opinions

  1. Tyler v. United StatesSupreme Court of the United States · 1930
  2. Saltonstall v. SaltonstallSupreme Court of the United States · 1928
  3. United States v. FieldSupreme Court of the United States · 1921
  4. United States v. FieldSupreme Court of the United States · 1921
  5. Helvering v. GrinnellSupreme Court of the United States · 1935

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