McCutchin v. Commissioner

There was no evidence taken in this case. No fact was in dispute. No factual issue is involved, but only the construction of the trust instruments in the light of the statutes passed by Congress and in the shadow of certain judicial off-shoots from the Helver-ing v. Clifford stalk.1 It is necessary to determine only whether or not the Tax Court’s construction of the J. A. and Carrie McCutchin trust agreements was in accordance with law.

The Tax Court concluded as a matter of law that the settlors were not taxable with the income derived from the trusts set up by them for their children, Jerry…