Bruner v. Commissioner
United States Tax Court
By his will the decedent gave his residuary estate to two trustees (who are also his executors), with directions that the income should be paid over to named beneficiaries, "Said payments to continue semiannually from the time of my death."
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By his will the decedent gave his residuary estate to two trustees (who are also his executors), with directions that the income should be paid over to named beneficiaries, "Said payments to continue semiannually from the time of my death." The testamentary trust was set up on January 17, 1942. During 1940 the executors on their books credited the testamentary trust beneficiaries with the portions of the net income of the estate for that year, which they computed as belonging to them. On January 17, 1942, they made similar credits to the trust beneficiaries of 1941 income. In income tax…
1Opinion of the Court
OPINION.
Smith, Judge:
These proceedings, consolidated for hearing, involve deficiencies in income tax of the estate of Peter Anthony Bruner, deceased, as follows:
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The sole question in issue is whether the estate is entitled to the deduction in each taxable year of the net income of the estate which the executors credited to the beneficiaries of a testamentary trust which was set up on January 17,1942, except as to $1,200 in cash paid to two beneficiaries in 1941.
The facts are stipulated.
The decedent died testate May 9, 1940. In his will he named his nephews, Clement Stephen…
2Cases cited3 opinions
- Freuler v. HelveringSupreme Court of the United States · 1934
- Estate of BrownSupreme Court of Pennsylvania · 1899
- Estate of William Band, Jr.Superior Court of Pennsylvania · 1931
3Cited by21 opinions
- Alabama-Georgia Syrup Co. v. CommissionerUnited States Tax Court · 1961
- Commissioner of Internal Revenue v. Goldberger's Estate. Trounstine v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1954
- United States v. BrittenCourt of Appeals for the Third Circuit · 1947
- Hill v. CommissionerUnited States Tax Court · 1955
- MacMurray v. CommissionerUnited States Tax Court · 1951
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