Legal Opinion

Lucas v. Commissioner

United States Board of Tax Appeals

Decided April 18, 1941No. Docket No. 100516Published

In 1925 petitioner entered into a separation agreement with his wife and in accordance therewith created an irrevocable trust for her benefit. Under the separation agreement his wife released him from all obligation of future support and agreed that the sums paid to her and for her benefit thereunder were in full satisfaction of all claims for alimony.

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In 1925 petitioner entered into a separation agreement with his wife and in accordance therewith created an irrevocable trust for her benefit. Under the separation agreement his wife released him from all obligation of future support and agreed that the sums paid to her and for her benefit thereunder were in full satisfaction of all claims for alimony. Under the trust his wife was to receive the entire net income for life and had the right to dispose of the corpus by will; and in the event of her failure to exercise such right by will, the corpus was to be transferred to her issue. He did not…

1Opinion of the Court

HENRY M. LUCAS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Lucas v. Commissioner

Docket No. 100516.

United States Board of Tax Appeals

44 B.T.A. 212; 1941 BTA LEXIS 1360;

April 18, 1941, Promulgated

In 1925 petitioner entered into a separation agreement with his wife and in accordance therewith created an irrevocable trust for her benefit. Under the separation agreement his wife released him from all obligation of future support and agreed that the sums paid to her and for her benefit thereunder were in full satisfaction of all claims for alimony. Under the trust his wife was to…

2Cases cited9 opinions

  1. Douglas v. WillcutsSupreme Court of the United States · 1935
  2. Helvering v. FitchSupreme Court of the United States · 1940
  3. Helvering v. LeonardSupreme Court of the United States · 1940
  4. Helvering v. FullerSupreme Court of the United States · 1940
  5. Hassaurek v. MarkbreitOhio Supreme Court · 1903

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