Legal Opinion

James v. Commissioner

United States Tax Court

Decided May 15, 1974No. Docket No. 8217-72Published

Petitioner created an irrevocable trust. The trustee was directed to make annual payments of a specified amount for 10 years, first from income and then, if necessary, from principal, to such charity or charities of the character described in sec. 170(b)(1)(A), I.R.C. 1954, as the trustee selected.

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Petitioner created an irrevocable trust. The trustee was directed to make annual payments of a specified amount for 10 years, first from income and then, if necessary, from principal, to such charity or charities of the character described in sec. 170(b)(1)(A), I.R.C. 1954, as the trustee selected. Held, petitioner's contribution to the trust did not qualify for the additional deduction under sec. 170 (b)(1)(A) because it was not made to the eligible class of charities, as required by that section. John I. Appleby, 48 T.C. 330 (1967), followed. Alice Tully, 48 T.C. 235 (1967), distinguished.

1Opinion of the Court

Lawrence R. James and Mary J. James, Petitioners v. Commissioner of Internal Revenue, Respondent

James v. Commissioner

Docket No. 8217-72

United States Tax Court

62 T.C. 209; 1974 U.S. Tax Ct. LEXIS 109; 62 T.C. No. 23;

May 15, 1974, Filed

Decision will be entered for the respondent.

Petitioner created an irrevocable trust. The trustee was directed to make annual payments of a specified amount for 10 years, first from income and then, if necessary, from principal, to such charity or charities of the character described in sec. 170(b)(1)(A), I.R.C. 1954, as the trustee selected. Held, petitioner's…

2Cases cited5 opinions

  1. Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
  2. Darling v. CommissionerUnited States Tax Court · 1965
  3. Appleby v. CommissionerUnited States Tax Court · 1967
  4. Tully v. CommissionerUnited States Tax Court · 1967
  5. James v. CommissionerUnited States Tax Court · 1974

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