Whiteley v. Commissioner
United States Tax Court
Income from certain irrevocable trusts which petitioner created in 1931 for the benefit of his eight children, who were then minors, and in which he made himself trustee with broad powers of administrative control, held not taxable to petitioner under section 22 (a) and the Supreme Court's decision in Helvering v. Clifford, 309 U.S. 331. Held, further, that, assuming that certain provisions of the trusts conferring upon petitioner's wife the power to use so much of the…
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Income from certain irrevocable trusts which petitioner created in 1931 for the benefit of his eight children, who were then minors, and in which he made himself trustee with broad powers of administrative control, held not taxable to petitioner under section 22 (a) and the Supreme Court's decision in Helvering v. Clifford, 309 U.S. 331. Held, further, that, assuming that certain provisions of the trusts conferring upon petitioner's wife the power to use so much of the income of the trusts for the support, education, and maintenance of the minor children as she saw proper would cause the net…
1Opinion of the Court
OPINION.
Black, Judge:
The Commissioner in stating in his deficiency notice that he was including in petitioner’s income for each of the taxable years the net income of the eight trusts created by petitioner on December 8,1931, did not state what section of the statute he relied upon in making his determination. However, respondent in his brief states that he relies upon section 22 (a) of the applicable internal revenue acts and the rationale of Helvering v. Clifford, 309 U. S. 331. Respondent further states in his brief that if the Tax Court should hold that the Clifford decision and the…
2Cases cited5 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. StuartSupreme Court of the United States · 1942
- Cartinhour v. CommissionerUnited States Tax Court · 1944
- Lowenstein v. CommissionerUnited States Tax Court · 1944
- Cherry v. CommissionerUnited States Tax Court · 1944
3Cited by1 opinion
- Whiteley v. CommissionerUnited States Tax Court · 1944