Legal Opinion

Tobin v. Commissioner

United States Tax Court

Decided November 30, 1948No. Docket Nos. 13611, 13612PublishedCited by 1 opinion

1. Petitioners are husband and wife, domiciled in Texas. On November 14, 1935, each petitioner created a trust having a corporate trustee and an advisory committee of three persons and provided that the net income of each trust was to be paid to the other as the advisory committee might direct for life, with remainder over to others.

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1. Petitioners are husband and wife, domiciled in Texas. On November 14, 1935, each petitioner created a trust having a corporate trustee and an advisory committee of three persons and provided that the net income of each trust was to be paid to the other as the advisory committee might direct for life, with remainder over to others. On June 14, 1935, each petitioner created a trust having a corporate trustee and an advisory committee of three persons and provided that the net income of each trust was to be paid to the other as the advisory committee might direct for life, and upon the death…

1Opinion of the Court

OPINION.

Black, Judge:

We shall consider the issues in the order previously stated.

— This issue involves the taxability of the net income of the eight trusts created by either one or the other of the petitioners in 1935, and it is the principal issue in the case. The respondent determined that the net income of all the trusts was taxable to petitioners as their community income, and in a statement attached to each deficiency notice he explained his determination thus:

It is held that the income of various trusts created by .either Edgar G. Tobin or Margaret Batts Tobin, represents taxable income…

2Cases cited14 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Green v. CommissionerUnited States Tax Court · 1946
  3. Cartinhour v. CommissionerUnited States Tax Court · 1944
  4. Lowenstein v. CommissionerUnited States Tax Court · 1944
  5. Newman v. CommissionerUnited States Tax Court · 1943

9 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Tobin v. CommissionerUnited States Tax Court · 1948

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