Graham v. Miller

BIGGS, Circuit Judge.

This case was heard on an agreed statement of facts. The question presented for our determination is whether the plaintiffs, as trustees under the will of Nettie McKee Graham, are entitled to claim as a deduction for tax purposes from the income of the trust for the year 1940 the amount of $65,026.52, this being the sum which was distributable on January 1, 1941, to the beneficiaries. The tax period of the trust coincided with the calendar year. The Commissioner disallowed the deduction though he had allowed a similar deduction for the prior year. The District Court…