Legal Opinion
Phipps v. COMMISSIONER OF INTERNAL REVENUE
Court of Appeals for the Second Circuit
Decided June 30, 1943No. 206PublishedCited by 17 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. There can be little doubt that, within the doctrine of Helvering v. Clifford, 309 U.S. 331, 60 S.Ct. 554, 84 L.Ed. 788, the corporate trustee is not to be regarded as independent and that the situation must be considered as if, in effect, the taxpayer and the wife were the two trustees named in, and acting under, the trust instrument. See Commissioner v. Barbour, 2 Cir., 122 F.2d 165, 167 where a trustee who was the taxpayer’s lawyer was considered as not independent; Commissioner v. Lamont, 2 Cir., 127 F.2d 875 holding similarly where the trustee was the taxpayer’s…
2Cases cited15 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Helvering v. StuartSupreme Court of the United States · 1942
- Gray v. PowellSupreme Court of the United States · 1941
- United States v. City & County of San FranciscoSupreme Court of the United States · 1940
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- King v. CommissionerUnited States Tax Court · 1962
- Gordon v. CommissionerUnited States Tax Court · 1985
- Ketcham v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
- Stix v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Corning v. CommissionerUnited States Tax Court · 1955
12 more not listed; retrieve them via the Exa API.