Legal Opinion

Tuttle v. Commissioner

United States Board of Tax Appeals

Decided November 28, 1934No. Docket No. 70558PublishedCited by 2 opinions

Income received by beneficiary, petitioner's divorced wife, under a trust established by petitioner during pendency of divorce proceedings and intended as a settlement between the parties of property rights arising from marriage, is not to be included in petitioner's income.

1Opinion of the Court

*783OPINION.

Smith:

This proceeding was brought to redetermine a deficiency in the income tax of the petitioner for the year 1930 in the amount of $9,217.66.

Several questions were settled by stipulation, leaving the sole issue whether or not certain income from a trust established by the petitioner on February 19, 1930, is taxable to him as settlor or to the beneficiary, Susie A. Tuttle, his wife, from whom he was separated, a suit for divorce being then pending.

The facts were stipulated substantially as follows:

The petitioner is a resident of Detroit, Michigan, and there has his office at the…

2Cases cited3 opinions

  1. Helvering v. ButterworthSupreme Court of the United States · 1933
  2. Brooks v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Hyde v. CommissionerUnited States Board of Tax Appeals · 1934

3Cited by2 opinions

  1. Tuttle v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Whitaker v. CommissionerUnited States Board of Tax Appeals · 1935

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