Legal Opinion

Pyeatt v. Commissioner

United States Board of Tax Appeals

Decided April 18, 1939No. Docket Nos. 92125, 93279PublishedCited by 9 opinions

1. Several years prior to the taxable years petitioner created irrevocable trusts for his two minor daughters. The trustee was directed upon the written request of the grantor to pay over to the grantor $3,000 of the income in any one year for the support and maintenance of the minors and if the income was not sufficient he was required to invade the principal.

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1. Several years prior to the taxable years petitioner created irrevocable trusts for his two minor daughters. The trustee was directed upon the written request of the grantor to pay over to the grantor $3,000 of the income in any one year for the support and maintenance of the minors and if the income was not sufficient he was required to invade the principal. In the taxable years one of the daughters had reached her majority and was married and the other was a minor and was living with petitioner. Held, $3,000 of the income of the trust for the unmarried minor daughter is taxable to…

1Opinion of the Court

*778opinion-.

Black :

The Commissioner has not made very clear Ms position in these proceedings. He has included in petitioner’s income for 1934 all the taxable income of two trusts which in a prior year petitioner had established for his two daughters, Frances and Martha. In his deficiency notice for 1934 the Commissioner does not explain the ground upon which he included the income of these two trusts in petitioner’s income. For 1935 the Commissioner included in petitioner’s income the income of the trust for Martha, but not the income of the trust for Frances. In justification of his action for…

2Cases cited5 opinions

  1. Corliss v. BowersSupreme Court of the United States · 1930
  2. Douglas v. WillcutsSupreme Court of the United States · 1935
  3. Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  4. Becker v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  5. Perkins v. WestcoatColorado Court of Appeals · 1893

3Cited by9 opinions

  1. Whiteley v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1941
  2. Ayer v. CommissionerUnited States Board of Tax Appeals · 1941
  3. Borroughs v. McColganCalifornia Supreme Court · 1943
  4. Estate of Schmidt v. CommissionerUnited States Tax Court · 1944
  5. Heller v. CommissionerUnited States Board of Tax Appeals · 1940

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