Legal Opinion

Brooks v. Commissioner

United States Board of Tax Appeals

Decided August 10, 1934No. Docket No. 68560Published

1. Income received by beneficiary, petitioner's divorced wife, under a trust established by petitioner during pendency of divorce proceedings and intended as a settlement between the parties of property rights arising from marriage, is not to be included in petitioner's income. 2. Payments received from testamentary trust are income in entirety and not in part recovery of capital represented by March 1, 1913, value of right to receive them.

1Opinion of the Court

REGINALD BROOKS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Brooks v. Commissioner

Docket No. 68560.

United States Board of Tax Appeals

31 B.T.A. 70; 1934 BTA LEXIS 1167;

August 10, 1934, Promulgated

1. Income received by beneficiary, petitioner's divorced wife, under a trust established by petitioner during pendency of divorce proceedings and intended as a settlement between the parties of property rights arising from marriage, is not to be included in petitioner's income.

2. Payments received from testamentary trust are income in entirety and not in part recovery of capital…

2Cases cited1 opinion

  1. Brooks v. CommissionerUnited States Board of Tax Appeals · 1934

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