Legal Opinion

Morsman v. Commissioner

United States Board of Tax Appeals

Decided December 27, 1935No. Docket No. 65053PublishedCited by 9 opinions

Where the petitioner, pursuant to the terms of a written instrument, transferred to himself as sole trustee certain securities and soon thereafter the securities were sold at a profit, held, that the gain from the sale of the securities is taxable to the petitioner in his individual income tax return.

1Opinion of the Court

*801Opinion.

Smith:

This proceeding involves a deficiency in petitioner’s income tax for 1929 in the amount of $5,440.70. The only question in issue is whether the profit from the sale of certain securities is taxable to the petitioner individually, as the respondent has determined, or to a trust entity, as claimed by the petitioner.

On January 28,1929, the petitioner signed an instrument purporting to be a trust agreement, reciting:

That I, Robert P. Morsman, oí Ornaba, Douglas County, Nebraska, do hereby declare that I hold the property hereinafter mentioned in trust for the uses and purposes…

2Cases cited9 opinions

  1. Adams v. AdamsSupreme Court of the United States · 1874
  2. Burbach v. BurbachIllinois Supreme Court · 1905
  3. Fox's EstateSupreme Court of Pennsylvania · 1919
  4. Hahn v. HutchinsonSupreme Court of Pennsylvania · 1893
  5. Nelson v. MeadeSupreme Judicial Court of Maine · 1930

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hutchinson v. CommissionerUnited States Tax Court · 1967
  2. Kenna Trading, LLC v. Comm'rUnited States Tax Court · 2014
  3. Filler v. CommissionerUnited States Tax Court · 1987
  4. Kenna Trading, LLC, Jetstream Business Limited, Tax Matters Partner v. CommissionerUnited States Tax Court · 2014
  5. Hutchinson v. CommissionerUnited States Tax Court · 1967

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API