Hill v. Commissioner
United States Board of Tax Appeals
1. Under the terms of a trust created by the petitioner five sixths of the expenses of maintaining the family home and of supporting his wife were payable from the income of the trust. Held, that the trust income used for the purposes stated is taxable to the petitioner. 2. Capital net losses should be deducted in determining net income which forms the basis for the computation of the allowable deduction for charitable contributions.
1Opinion of the Court
*893OPINION.
Tuenek :
With reference to the first issue, it is the contention of the petitioner that the income involved is income from an irrevocable trust which during the taxable year was expended for the benefit of his wife and adult children and could under no circumstances be treated as income taxable to him. He points out that his wife had income-producing property of her own having a value in excess of $600,000 and, further, that his children were of legal age and he had no legal responsibility to provide a home for them. On the other hand, the respondent contends that the expenditures in…
2Cases cited6 opinions
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Helvering v. BlissSupreme Court of the United States · 1934
- Bergh v. WarnerSupreme Court of Minnesota · 1891
- Kosanke v. KosankeSupreme Court of Minnesota · 1917
- Guy T. Helvering, Commissioner of Internal Revenue v. Edmund O. Schweitzer.Supreme Court of the United States · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pleasants v. United StatesUnited States Court of Claims · 1938
- Hill v. CommissionerUnited States Board of Tax Appeals · 1936