Legal Opinion

Arrott v. Commissioner

United States Board of Tax Appeals

Decided May 29, 1931No. Docket Nos. 39465, 39466, 39467PublishedCited by 4 opinions

Decedent by his will directed that his residuary estate be divided into six equal shares, two of which shares he bequeathed and devised to his executors and trustees to hold in trust for his daughters, and the remaining shares he bequeathed and devised to his four sons.

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Decedent by his will directed that his residuary estate be divided into six equal shares, two of which shares he bequeathed and devised to his executors and trustees to hold in trust for his daughters, and the remaining shares he bequeathed and devised to his four sons. Decedent appointed his wife and sons executors and trustees, vesting in them full management and control of said estate to pay over the income to his children, with discretionary power to sell and convey the real estate if they might think proper. Held, decedent did not, under the laws of Pennsylvania, create a legal trust in…

1Opinion of the Court

*483OPINION.

Teammell :

The facts in these proceedings were stipulated by the parties, and a single issue of law is presented involving the right of the petitioners to certain deductions from gross income claimed by them in their respective returns for the taxable years.

In computing the net income of the decedent’s estate for the year 1924, the trustees deducted depreciation on the Arrott Office Building and Arrott Power Building in the amount of $11,095, which was increased by the respondent to $12,522.80 on account of capital additions not included in the trustees’ original computation. The…

2Cases cited11 opinions

  1. Appeal of FrossSupreme Court of Pennsylvania · 1884
  2. Reel's EstateSupreme Court of Pennsylvania · 1919
  3. Appeal of Pennsylvania Co.Supreme Court of Pennsylvania · 1895
  4. Dunshee v. DunsheeSupreme Court of Pennsylvania · 1912
  5. Kreise v. CartledgeSupreme Court of Pennsylvania · 1918

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Arrott v. HeinerCourt of Appeals for the Third Circuit · 1937
  2. Beatty v. CommissionerUnited States Board of Tax Appeals · 1933
  3. Whittington v. JonesDistrict Court, W.D. Oklahoma · 1951
  4. Arrott v. CommissionerUnited States Board of Tax Appeals · 1931

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