Legal Opinion
United States v. De Bonchamps
Court of Appeals for the Ninth Circuit
Decided April 8, 1960No. Nos. 16098-16100PublishedCited by 13 opinions
1Opinion of the Court
MERRILL, Circuit Judge.
These three cases, consolidated for our decision, present the question whether legal life tenants are taxable either as owners or as fiduciaries on capital gains realized in sales of portions of the corpus. In all three cases, gains were realized by sales of estates assets. Taxes were paid thereon by the life tenants as owners; claims for refund were made and these actions were brought to recover such refunds. In each action the United States has counterclaimed for the amount of tax payable by the taxpayer as fiduciary of a trust.1 In each case summary judgment by the…
2Cases cited29 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. HorstSupreme Court of the United States · 1940
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Corliss v. BowersSupreme Court of the United States · 1930
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnson v. CommissionerUnited States Tax Court · 1997
- United States v. First National Trust & Savings Bank of San Diego, Etc.Court of Appeals for the First Circuit · 1964
- Hirschmann v. United StatesDistrict Court, S.D. New York · 1962
- Zietz v. CommissionerUnited States Tax Court · 1960
- Axe v. United StatesDistrict Court, D. Kansas · 1961
8 more not listed; retrieve them via the Exa API.