Frankel v. Commissioner
United States Tax Court
Petitioner, a widow, elected to take under the will of her deceased husband. He had created a testamentary trust to which a substantial portion of his property was bequeathed primarily for petitioner's benefit.
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Petitioner, a widow, elected to take under the will of her deceased husband. He had created a testamentary trust to which a substantial portion of his property was bequeathed primarily for petitioner's benefit. The trust instrument directs that after the payment of expenses, taxes, etc., and the payment of $ 100 per month to decedent's sister, all the rest, residue, and remainder of the net income derived from the trust property shall be paid to his wife in such installments and at such times as she may request. It provides further that it is the desire of the settlor that his wife shall have…
1Opinion of the Court
OPINION.
Mellott, Judge:
The Commissioner determined deficiencies in income tax for the calendar years 1938 and 1939 in the respective amounts of $548.10 and $363.93. Petitioner alleges that there are no deficiencies in tax and that she has overpaid her taxes in the respective amounts of $4,675.16 and $4,691.48.
The four assignments ol error set out in the petition raise two questions, one of which ñas been settled by the parties. The sole issue to be decided is whether any amount is to be included in petitioner’s gross income in connection with amounts received by her from a testamentary trust,…
2Cases cited2 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Burnet v. WhitehouseSupreme Court of the United States · 1931
3Cited by9 opinions
- Coleman Trust v. CommissionerUnited States Tax Court · 1944
- Curry v. CommissionerUnited States Tax Court · 1945
- Frankel v. CommissionerCourt of Appeals for the Eighth Circuit · 1944
- Northern Trust Co. v. CommissionerUnited States Tax Court · 1945
- Coleman Trust v. CommissionerUnited States Tax Court · 1944
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