Legal Opinion
Martin-Montis Trust v. Commissioner
United States Tax Court
Decided December 11, 1980No. Docket Nos. 5380-78, 7847-78, 7932-78PublishedCited by 4 opinions
Held, interest income earned by a U.S. trust is not U.S. source income where the beneficiary is a nonresident alien.
1Opinion of the Court
OPINION
Hall, Jvdge:
Respondent determined deficiencies in income tax as follows:
Petitioner Year Deficiency
Isidro Martin-Montis Trust (Docket No. 5380-78) . 1974 $1,884.26
1975 714.72
1976 70.37
Soledad Portago Trust U/D 11/14/45 (Docket No. 7932-78) . 1974 1,269.75
1975 827.09
1976 102.75
Soledad Portago Trust U/D 3/10/51 (Docket No. 7847-78) . 1974 2,027.28
1975 1,065.00
1976 371.57
The sole issue for decision is whether interest on U.S. bank deposits, which interest is received by a nonresident alien beneficiary as distributions from a U.S. trust which is not a grantor trust, is U.S. source income…
2Cases cited4 opinions
- Groman v. CommissionerSupreme Court of the United States · 1937
- Vondermuhll v. HelveringCourt of Appeals for the D.C. Circuit · 1935
- Bence v. United StatesUnited States Court of Claims · 1937
- Vondermuhll v. CommissionerUnited States Board of Tax Appeals · 1934
3Cited by4 opinions
- Estate of Petschek v. CommissionerUnited States Tax Court · 1983
- Mahler v. CommissionerUnited States Tax Court · 1987
- Estate of Petschek v. CommissionerUnited States Tax Court · 1983
- Martin-Montis Trust v. CommissionerUnited States Tax Court · 1980