Estate of Petschek v. Commissioner
United States Tax Court
Throughout 1975, D resided in France. From Jan. 1, 1975, to Nov. 23, 1975, D was an American citizen. On Nov. 24, 1975, D became a citizen of France and remained so through the end of 1975. During 1975, D was the income beneficiary of a simple trust earning all its income from foreign sources.
Read the full summary
Throughout 1975, D resided in France. From Jan. 1, 1975, to Nov. 23, 1975, D was an American citizen. On Nov. 24, 1975, D became a citizen of France and remained so through the end of 1975. During 1975, D was the income beneficiary of a simple trust earning all its income from foreign sources. Held, under sec. 652(a), I.R.C. 1954, in 1975, D is subject to Federal income tax on the net income realized by the trust in that part of the year during which D was an American citizen.
1Opinion of the Court
OPINION
Nims, Judge:
Respondent determined a deficiency in the Federal income tax of petitioner’s decedent for the taxable year 1975 of $98,222. Due to concessions, the issue for decision is the amount of gross income petitioner’s decedent should have reported by virtue of having been during 1975 the income beneficiary of a simple trust earning only foreign source income.
All of the facts have been stipulated and are found accordingly.
Thomas H. Petschek resided at London, England, and Asher B. Lans resided at New York, N.Y., at the time the petition was filed.
For many years prior to 1975,…
2Cases cited36 opinions
- Freuler v. HelveringSupreme Court of the United States · 1934
- Cook v. TaitSupreme Court of the United States · 1924
- Marsman v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1953
- Marsman v. CommissionerUnited States Tax Court · 1952
- Koufman v. CommissionerUnited States Tax Court · 1977
31 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Pallottini v. CommissionerUnited States Tax Court · 1988
- Estate of Ernst N. Petschek, Deceased, Thomas H. Petschek and Asher Lans, Executors v. The Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1984
- Thiessen v. Comm'rUnited States Tax Court · 2016
- Estate of Ford v. CommissionerUnited States Tax Court · 1993
- Eatinger v. CommissionerUnited States Tax Court · 1990
27 more not listed; retrieve them via the Exa API.