Legal Opinion

Mather v. Commissioner

United States Tax Court

Decided October 30, 1945No. Docket No. 5591PublishedCited by 13 opinions

Petitioner created separate trusts for four of his minor children, in which he reserved the right to have the income applied to their support, maintenance, and education and also the right to have the trustee make any loans, sales, or purchases which he might direct. Held, that petitioner as grantor is taxable on all the income of the trusts.

1Opinion of the Court

OPINION.

Smith, Judge:

This proceeding involves income tax deficiencies for 1940 and 1941 in the respective amounts of $36,939.12 and $28,-237.24. The question for determination is whether petitioner is taxable in 1940 and 1941 on the income of four trusts which he had previously established for the benefit of four of his infant children. Two other minor issues raised in the pleadings have been settled by stipulation. The facts pertaining to the issue in controversy have all been stipulated.

Petitioner is a resident of Perrysburg, Ohio. His income tax returns for 1940 and 1941 were filed with…

2Cases cited4 opinions

  1. Helvering v. HorstSupreme Court of the United States · 1940
  2. Helvering v. StuartSupreme Court of the United States · 1942
  3. Douglas v. WillcutsSupreme Court of the United States · 1935
  4. Helvering v. CoxeySupreme Court of the United States · 1936

3Cited by13 opinions

  1. Jones v. CommissionerUnited States Tax Court · 1946
  2. Parker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1948
  3. Alexander v. CommissionerUnited States Tax Court · 1946
  4. Richards v. CommissionerUnited States Tax Court · 1952
  5. Alexander v. CommissionerUnited States Tax Court · 1946

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