Legal Opinion

Goulder v. Commissioner

United States Board of Tax Appeals

Decided March 30, 1939No. Docket No. 87188Published

Petitioner created a trust, with himself as trustee, the income of which was payable to his wife, in the discretion of the trustee at any time at or before its termination, which was to occur upon the happening of one of four events: September 30, 1939; the death of the settlor; the death of the beneficiary during the life of the settlor; or upon receipt by the trustee of an instrument in writing, signed by the settlor and his wife.

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Petitioner created a trust, with himself as trustee, the income of which was payable to his wife, in the discretion of the trustee at any time at or before its termination, which was to occur upon the happening of one of four events: September 30, 1939; the death of the settlor; the death of the beneficiary during the life of the settlor; or upon receipt by the trustee of an instrument in writing, signed by the settlor and his wife. The principal of the trust was then to revert to the settlor or his estate. There was no reference in the trust agreement to the use of the income in the hands of…

1Opinion of the Court

HERBERT G. GOULDER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Goulder v. Commissioner

Docket No. 87188.

United States Board of Tax Appeals

39 B.T.A. 670; 1939 BTA LEXIS 998;

March 30, 1939, Promulgated

Petitioner created a trust, with himself as trustee, the income of which was payable to his wife, in the discretion of the trustee at any time at or before its termination, which was to occur upon the happening of one of four events: September 30, 1939; the death of the settlor; the death of the beneficiary during the life of the settlor; or upon receipt by the trustee of an…

2Cases cited23 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Lucas v. EarlSupreme Court of the United States · 1930
  3. Blair v. CommissionerSupreme Court of the United States · 1937
  4. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  5. Douglas v. WillcutsSupreme Court of the United States · 1935

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