Funk v. Commissioner
United States Tax Court
Petitioner was the sole trustee of trusts set up by her husband. Petitioner was given the absolute power to pay, in her own discretion and not subject to the control of her husband or of any other person, all or part of the trust income to herself or to her husband, in accordance with their respective needs, of which she was the sole judge, and to accumulate any undistributed balance.
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Petitioner was the sole trustee of trusts set up by her husband. Petitioner was given the absolute power to pay, in her own discretion and not subject to the control of her husband or of any other person, all or part of the trust income to herself or to her husband, in accordance with their respective needs, of which she was the sole judge, and to accumulate any undistributed balance. Held, petitioner is taxable under section 22 (a) on all of the trust income, whether or not she distributed all of the income to herself. Mallinckrodt v. Nunan, 146 Fed. (2d) 1, and Stix v. Commissioner, 152…
1Opinion of the Court
Eleanor M. Funk, Petitioner, v. Commissioner of Internal Revenue, Respondent
Funk v. Commissioner
Docket Nos. 5243, 5244
United States Tax Court
7 T.C. 890; 1946 U.S. Tax Ct. LEXIS 68;
September 27, 1946, Promulgated
Decision will be entered for the respondent.
Petitioner was the sole trustee of trusts set up by her husband. Petitioner was given the absolute power to pay, in her own discretion and not subject to the control of her husband or of any other person, all or part of the trust income to herself or to her husband, in accordance with their respective needs, of which she was the sole judge,…
Also in this document: Dissent.
2Cases cited21 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. HorstSupreme Court of the United States · 1940
- Corliss v. BowersSupreme Court of the United States · 1930
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Harrison v. SchaffnerSupreme Court of the United States · 1941
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