Legal Opinion

Swanson v. Commissioner

United States Tax Court

Decided March 11, 1974No. Docket Nos. 469-72, 470-72, 471-72Unpublished

S, and his mother, established separate trusts for S's children. Under the provisions of each trust, S (as maker) had the right to amend or interpret the trust instruments. In December 1957 J (as trustee of the three trusts) and S entered into a partnership agreement valid under the laws of the State of Nebraska. The general purpose of the partnership was stated to be the development of real estate.

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S, and his mother, established separate trusts for S's children. Under the provisions of each trust, S (as maker) had the right to amend or interpret the trust instruments. In December 1957 J (as trustee of the three trusts) and S entered into a partnership agreement valid under the laws of the State of Nebraska. The general purpose of the partnership was stated to be the development of real estate. The specific purpose of the partnership was the development of unimproved real estate owned jointly by S and his brother. The property was eventually developed by S and his brother as individuals.…

1Opinion of the Court

W. CLARKE SWANSON, JR., 1950 TRUST UNDER INSTRUMENT DATED JANUARY 3, 1955, SWANCO TRUST COMPANY, TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

CAROL SWANSON RHODEN, 1950 TRUST UNDER INSTRUMENT DATED JANUARY 3, 1955, SWANCO TRUST COMPANY, TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

GEROCK HURLEY SWANSON, 1950 TRUST UNDER INSTRUMENT DATED JANUARY 3, 1955, SWANCO TRUST COMPANY, TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Swanson v. Commissioner

Docket Nos. 469-72, 470-72, 471-72.

United States Tax Court

T.C. Memo 1974-61; 1974 Tax…

2Cases cited16 opinions

  1. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
  4. Samuel Pollack and Annie Pollack v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
  5. Pollack v. CommissionerUnited States Tax Court · 1966

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