Legal Opinion

Fish v. Commissioner

United States Board of Tax Appeals

Decided June 28, 1940No. Docket No. 96527Published

1. The income of a trust was all to be distributed to the wife of the grantor and the corpus was to revert to him only in the event that he survived her and exercised the power to revoke.

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1. The income of a trust was all to be distributed to the wife of the grantor and the corpus was to revert to him only in the event that he survived her and exercised the power to revoke. Held, the income of the trust is not taxable to him under section 166 of the Revenue Acts of 1934 and 1936. 2. The grantor of a trust and his wife, who was the beneficiary of the entire trust income and, at her demand, of 5 percent of the corpus in any year, together had the power to revest any part of the trust corpus in him prior to her death. Held, the income of the trust is not taxable to him under…

1Opinion of the Court

ESTATE OF ISAAC FISH, 1 PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Fish v. Commissioner

Docket No. 96527.

United States Board of Tax Appeals

42 B.T.A. 260; 1940 BTA LEXIS 1017;

June 28, 1940, Promulgated

1. The income of a trust was all to be distributed to the wife of the grantor and the corpus was to revert to him only in the event that he survived her and exercised the power to revoke. Held, the income of the trust is not taxable to him under section 166 of the Revenue Acts of 1934 and 1936.

2. The grantor of a trust and his wife, who was the beneficiary of the entire trust…

2Cases cited2 opinions

  1. Estate of Fish v. CommissionerUnited States Board of Tax Appeals · 1940
  2. Fish v. CommissionerUnited States Board of Tax Appeals · 1940

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