Legal Opinion

Jaynes v. Commissioner

United States Board of Tax Appeals

Decided October 31, 1933No. Docket No. 62503Published

Under a testamentary trust the testator's two children were to receive income for life and upon their death the trust was to terminate, specific sums to be paid to each of their children, and the remainder to go to charity. The number of grandchildren living in the taxable year was not sufficient to exhaust the principal of the trust fund.

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Under a testamentary trust the testator's two children were to receive income for life and upon their death the trust was to terminate, specific sums to be paid to each of their children, and the remainder to go to charity. The number of grandchildren living in the taxable year was not sufficient to exhaust the principal of the trust fund. Held, that, under the presumption of possibility of additional issue being born, it cannot be determined what amount, if any, will ultimately go to charity, and that no part of the profit from the sale of the trust corpus can be treated as permanently set…

1Opinion of the Court

CHARLES W. JAYNES, ALBERT L. POPE AND HENRY O. CUSHMAN, TRUSTEES U/W OF CHARLES P. JAYNES, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Jaynes v. Commissioner

Docket No. 62503.

United States Board of Tax Appeals

29 B.T.A. 259; 1933 BTA LEXIS 978;

October 31, 1933, Promulgated

Under a testamentary trust the testator's two children were to receive income for life and upon their death the trust was to terminate, specific sums to be paid to each of their children, and the remainder to go to charity. The number of grandchildren living in the taxable year was not sufficient to exhaust…

2Cases cited1 opinion

  1. Jaynes v. CommissionerUnited States Board of Tax Appeals · 1933

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