Legal Opinion

Allen v. Commissioner

United States Tax Court

Decided August 15, 1944No. Docket No. 2505Published

1. In 1933, 1935, and 1941 petitioner made gifts in trust for the benefit of her granddaughter. The income of the trusts during the donee's minority was either to be used for her maintenance and support or accumulated, at the discretion of her parents or the trustees. After attaining her majority the donee was to receive the income for life and after attaining the age of 35 years could also withdraw the principal.

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1. In 1933, 1935, and 1941 petitioner made gifts in trust for the benefit of her granddaughter. The income of the trusts during the donee's minority was either to be used for her maintenance and support or accumulated, at the discretion of her parents or the trustees. After attaining her majority the donee was to receive the income for life and after attaining the age of 35 years could also withdraw the principal. If the donee should die before attaining the age of 21, leaving no children, the principal was to go to her mother if living, otherwise to the mother's heirs. Held, that the gifts…

1Opinion of the Court

Vivian B. Allen, Petitioner, v. Commissioner of Internal Revenue, Respondent

Allen v. Commissioner

Docket No. 2505

United States Tax Court

3 T.C. 1224; 1944 U.S. Tax Ct. LEXIS 69;

August 15, 1944, Promulgated

Decision will be entered under Rule 50.

1. In 1933, 1935, and 1941 petitioner made gifts in trust for the benefit of her granddaughter. The income of the trusts during the donee's minority was either to be used for her maintenance and support or accumulated, at the discretion of her parents or the trustees. After attaining her majority the donee was to receive the income for life and after…

2Cases cited8 opinions

  1. United States v. PelzerSupreme Court of the United States · 1941
  2. Helvering v. HutchingsSupreme Court of the United States · 1941
  3. Du Pont v. CommissionerUnited States Tax Court · 1943
  4. Riter v. CommissionerUnited States Tax Court · 1944
  5. Hutchings v. CommissionerUnited States Tax Court · 1943

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