Curtis v. Commissioner
United States Board of Tax Appeals
Where in Massachusetts a trust estate was created under the terms of which the wife of the testator was given the net income therefrom during her life and upon his death she elected to take under the will instead of waiving same and claiming her statutory interest, held, that she was not liable for income tax on amounts paid her by the trustees under the trust until there was thus returned to her amounts in excess of the value of her statutory interest at the date of her…
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Where in Massachusetts a trust estate was created under the terms of which the wife of the testator was given the net income therefrom during her life and upon his death she elected to take under the will instead of waiving same and claiming her statutory interest, held, that she was not liable for income tax on amounts paid her by the trustees under the trust until there was thus returned to her amounts in excess of the value of her statutory interest at the date of her husband's death. Held, further, that in the circumstances of the instant case the entire amount paid her in 1928 was…
1Opinion of the Court
*1106OPINION.
Seawell :
In determining the issue in this proceeding certain provisions of the Revenue Act of 1928 and of the General Laws of Massachusetts are involved, as hereinafter indicated.
The pertinent provision of the 1928 Revenue Act is as follows:
Sjsc, 22. (a) “ Gross income ” includes * * * gains or profits and income derived from any source whatever.
The General Laws of Massachusetts, chapter 191, section 15, under the heading “Rights of Surviving Husband or Wife,” provide in part as follows:
The surviving husband or wife of a deceased person, except as provided in section thirty-five or…
2Cases cited2 opinions
- Burnet v. LoganSupreme Court of the United States · 1931
- Simpson v. United StatesSupreme Court of the United States · 1920
3Cited by6 opinions
- Steinbach Kresge Co. v. SturgessDistrict Court, D. New Jersey · 1940
- Brinton v. CommissionerUnited States Board of Tax Appeals · 1933
- Brinton v. CommissionerUnited States Board of Tax Appeals · 1933
- Louis v. CommissionerUnited States Board of Tax Appeals · 1934
- Brinton v. CommissionerUnited States Board of Tax Appeals · 1933
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