Fleischmann v. Commissioner
United States Board of Tax Appeals
1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Income of a trust held taxable to the grantor where its use was restricted to the discharge of the grantor's obligation to support, educate, and maintain his minor son. 2. Id. - (b) POWER TO REVEST - ACCUMULATION OF INCOME FOR GRANTOR. - A deed of trust construed as reserving to the grantor no power to revest in himself title to any part of the corpus and as not authorizing…
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1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Income of a trust held taxable to the grantor where its use was restricted to the discharge of the grantor's obligation to support, educate, and maintain his minor son. 2. Id. - (b) POWER TO REVEST - ACCUMULATION OF INCOME FOR GRANTOR. - A deed of trust construed as reserving to the grantor no power to revest in himself title to any part of the corpus and as not authorizing the holding or accumulation of income for future distribution to him, under sections 166 and 167). 3. Id. - (c) ADVERSE…
1Opinion of the Court
*681OPINION.
MuRdogh :
I. Income from the trust of March 19,1931. — The Commissioner, in determining the deficiencies, included the income of this trust in the income of the petitioner on the ground that the trust was a revocable trust within the provisions of section 166 of the Eevenue Acts of 1928, 1932, and 1934. He has now abandoned this contention, except as to the year 1934, and he no longer argues that section 166 of the Eevenue Acts of 1928 and 1932 has any application.
That section applies only where the grantor, or the grantor and certain others, had a power “during the taxable year” to…
2Cases cited5 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Corliss v. BowersSupreme Court of the United States · 1930
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Burnet v. WellsSupreme Court of the United States · 1933
- DuPont v. CommissionerSupreme Court of the United States · 1933
3Cited by15 opinions
- Arrott v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1943
- Luke v. CommissionerUnited States Tax Court · 1964
- Stuart v. CommissionerCourt of Appeals for the Seventh Circuit · 1941
- Bloch v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1945
- Royal Little v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1960
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