Scripps v. Commissioner
United States Board of Tax Appeals
In applying section 219 of the Revenue Acts of 1918 and 1921 and determining whether the income of a trust is taxable to the fiduciary or the beneficiary all the facts and circumstances must be considered. The income has in fact and without question since the creation of the trust and for many years been distributed periodically, held not taxable to the fiduciary.
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In applying section 219 of the Revenue Acts of 1918 and 1921 and determining whether the income of a trust is taxable to the fiduciary or the beneficiary all the facts and circumstances must be considered. The income has in fact and without question since the creation of the trust and for many years been distributed periodically, held not taxable to the fiduciary. Under the 1918 and 1921 acts the discretion of the fiduciary is not determinative of tax liability, and Art. 342, Reg. 45 and Reg. 62 is not controlling.
1Opinion of the Court
Appeal of WILLIAM E. SCRIPPS, GEORGE G. BOOTH, and EDGAR B. WHITCOMB, TRUSTEES under declaration of trust executed and delivered by JAMES E. SCRIPPS on May 4, 1906.
Appeal of GRACE SCRIPPS CLARK and REX B. CLARK, BENEFICIARIES under declaration of trust executed and delivered by JAMES E. SCRIPPS on May 4, 1906, and under trust provided by will of JAMES E. SCRIPPS, executed under date of May 14, 1906, for and on behalf of the trust estate.
Scripps v. Commissioner
Docket Nos. 434, 536.
United States Board of Tax Appeals
1 B.T.A. 491; 1925 BTA LEXIS 2893;
January 31, 1925, decided Submitted January…
2Cases cited5 opinions
- Even Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- Union Metal Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- Greenwood v. CommissionerUnited States Board of Tax Appeals · 1925
- Huffman v. CommissionerUnited States Board of Tax Appeals · 1924
- Scripps v. CommissionerUnited States Board of Tax Appeals · 1925