Stierwalt v. United States

KERR, District Judge.

The sole question presented by this action is whether the original Declaration of Trust and subsequent agreements entered into by Stierwalt, McKibbon and Van Buskirk make them an “association” taxable as a corporation within the meaning of 26 U.S.C.A. § 7701, Internal Revenue Code of 1954.

There is no uncertainty in the principles of law to be followed by the courts since the decision of Morrissey v. Commissioner, 296 U.S. 344, 56 S.Ct. 289, 80 L.Ed. 263. The difficulty, as always, comes when the Court applies a principle of law to a given state of facts. Under the…