Gillette v. Commissioner
United States Board of Tax Appeals
Under a property settlement agreement, made in lieu of alimony, which provided for the creation of a trust with all the trust income payable to petitioner's former wife for life, petitioner guaranteed the trust income up to $3,000 per annum, agreeing to make cash payments to the trustee to supplement the trust income if it fell below that amount.
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Under a property settlement agreement, made in lieu of alimony, which provided for the creation of a trust with all the trust income payable to petitioner's former wife for life, petitioner guaranteed the trust income up to $3,000 per annum, agreeing to make cash payments to the trustee to supplement the trust income if it fell below that amount. Subsequent to executing the agreement petitioner obtained a Nevada divorce from his wife in 1919. The divorce decree did not award alimony to the wife and it did not refer to the property settlement. In the taxable year 1936 the trust income exceeded…
1Opinion of the Court
HALBERT P. GILLETTE AND WINIFRED GILLETTE, HUSBAND AND WIFE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
HALBERT P. GILLETTE, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Gillette v. Commissioner
Docket Nos. 104368, 104369.
United States Board of Tax Appeals
46 B.T.A. 573; 1942 BTA LEXIS 846;
March 11, 1942, Promulgated
Under a property settlement agreement, made in lieu of alimony, which provided for the creation of a trust with all the trust income payable to petitioner's former wife for life, petitioner guaranteed the trust income up to $3,000 per annum, agreeing…
2Cases cited7 opinions
- Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
- Helvering v. LeonardSupreme Court of the United States · 1940
- Helvering v. FullerSupreme Court of the United States · 1940
- Sweeney v. SweeneyNevada Supreme Court · 1919
- Schoenhut v. CommissionerUnited States Board of Tax Appeals · 1941
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