Mellon v. Commissioner
United States Tax Court
Trustor provided for payment of annuities to his 4 children as principal beneficiaries, and for division of the excess trust income into as many parts as the trustor had living grandchildren (or issue of grandchildren per stirpes) and that the income might be paid to the guardian of any minor beneficiary as the guardian might deem necessary for maintenance, education, and support of the minor beneficiary (or the trustees themselves might so apply the income), any unexpended…
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Trustor provided for payment of annuities to his 4 children as principal beneficiaries, and for division of the excess trust income into as many parts as the trustor had living grandchildren (or issue of grandchildren per stirpes) and that the income might be paid to the guardian of any minor beneficiary as the guardian might deem necessary for maintenance, education, and support of the minor beneficiary (or the trustees themselves might so apply the income), any unexpended income to be retained and invested until the minor became 21, then paid to him. In the taxable year the 12 secondary…
1Opinion of the Court
OPINION.
Disnev, Judge:
Each of the proceedings herein involves deficiencies of $474.83 and $280.25 in income tax for the taxable period January 1, 1942, to November 30,1942, and for the fiscal year ended November 30, 1943, respectively. The common issue is whether income for each taxable period in excess of the amount distributed to the primary beneficiary is deductible from the gross income of the trust. ■ Except for income tax returns, all of the facts are embodied in stipulations of the parties, which are incorporated herein by reference as findings of fact. The parties being in agreement…
2Cases cited1 opinion
- Huber's AppealSupreme Court of Pennsylvania · 1876
3Cited by5 opinions
- Lincoln Electric Co. Employees' Profit-Sharing Trust v. CommissionerUnited States Tax Court · 1950
- Booth Trust v. CommissionerUnited States Tax Court · 1963
- Lincoln Electric Co. Employees' Profit-Sharing Trust v. CommissionerUnited States Tax Court · 1950
- Mellon v. CommissionerUnited States Tax Court · 1948
- Mellon v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1949