Fleming v. Commissioner of Internal Revenue

FOSTER, Circuit Judge.

This is a petition to reverse a judgment of the Board of Tax Appeals, which affirmed the Commissioner in determining deficiencies of income taxes of petitioner, William Fleming, trustee, of $2,500.53 and $3,020.-80 for the fiscal years 1935 and 1936, respectively. We refer to the decision of the Board, 43 B.T.A.-, for a comprehensive review of the facts and the law. The material facts necessary to be considered on this appeal may be somewhat briefly stated.

In December, 1933, William Fleming and his wife, residents of Fort Worth, Texas, created a trust in favor of their…