Legal Opinion

Commissioner of Internal Revenue v. Newman

Court of Appeals for the Second Circuit

Decided February 20, 1947No. 16, Docket 20211PublishedCited by 60 opinions

1Opinion of the Court

CLARK, Circuit Judge.

The question presented is whether the income from two trusts established by Lillian M. Newman in 1940 is taxable to her husband, Sydney R. Newman, who is also trustee of both trusts. The two trusts were identical except for the income beneficiaries; one named the Newmans’ minor daughter, the other their minor son, as recipient of the income for life, with remainder to the taxpayer, or, in case of his death, such persons as he should appoint, and in default thereof, to his distributees. Both trusts contained the usual grant of managerial powers and duties to the trustee in…

2Cases cited6 opinions

  1. Corliss v. BowersSupreme Court of the United States · 1930
  2. Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
  3. Sweeney v. . WarrenNew York Court of Appeals · 1891
  4. Richardson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1941
  5. Manion v. Peoples Bank of JohnstownNew York Court of Appeals · 1944

1 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Commissioner v. First Security Bank of Utah, N. A.Supreme Court of the United States · 1972
  2. Louis Buddy Yosha v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1988
  3. Alinco Life Insurance Company v. The United StatesUnited States Court of Claims · 1967
  4. William F. Sullivan and Rosemary C. Sullivan v. United StatesCourt of Appeals for the Third Circuit · 1980
  5. Atlantic Coast Line Railroad v. PhillipsSupreme Court of the United States · 1947

55 more not listed; retrieve them via the Exa API.

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