Legal Opinion

Marbelite Corp. of America v. Commissioner

United States Board of Tax Appeals

Decided July 10, 1934No. Docket No. 50644Published

1. The rule laid down in Burnet v. Logan,283 U.S. 404, is not applicable to an ordinary real estate subdivision trust in the absence of proof of exceptional facts. 2. Section 704(b) of the Revenue Act of 1928, permitting the taxation of the income of certain classes of trusts to the beneficiaries at the option of the trustee, is valid.

1Opinion of the Court

COMMISSIONER OF INTERNAL REVENUE, RESPONDENT., PETITIONER, v.

Marbelite Corp. of America v. Commissioner

Docket No. 50644.

United States Board of Tax Appeals

30 B.T.A. 1151; 1934 BTA LEXIS 1214;

July 10, 1934, Promulgated

1. The rule laid down in Burnet v. Logan,283 U.S. 404, is not applicable to an ordinary real estate subdivision trust in the absence of proof of exceptional facts.

2. Section 704(b) of the Revenue Act of 1928, permitting the taxation of the income of certain classes of trusts to the beneficiaries at the option of the trustee, is valid.

Frank Mergenthaler, Esq., for the petitioner.

Eld…

2Cases cited2 opinions

  1. Burnet v. LoganSupreme Court of the United States · 1931
  2. Marbelite Corp. of America v. CommissionerUnited States Board of Tax Appeals · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API