Legal Opinion

Penn v. Commissioner

United States Board of Tax Appeals

Decided April 19, 1939No. Docket No. 90760Published

Petitioner created a trust and transferred to herself and her sister, as cotrustees, certain securities. The trust instrument provided that $150 per month should be paid to the sister out of the income of the trust, and that any income in excess of that amount should be accumulated and invested. The trust was to terminate upon the death of the beneficiary, at which time the property of the trust was to revert to the settlor or her heirs at law.

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Petitioner created a trust and transferred to herself and her sister, as cotrustees, certain securities. The trust instrument provided that $150 per month should be paid to the sister out of the income of the trust, and that any income in excess of that amount should be accumulated and invested. The trust was to terminate upon the death of the beneficiary, at which time the property of the trust was to revert to the settlor or her heirs at law. The settlor reserved the right to modify, alter, and amend the trust instrument provided such amendment should not in any way revoke or change the…

1Opinion of the Court

BLANCHE G. PENN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Penn v. Commissioner

Docket No. 90760.

United States Board of Tax Appeals

39 B.T.A. 787; 1939 BTA LEXIS 978;

April 19, 1939, Promulgated

Petitioner created a trust and transferred to herself and her sister, as cotrustees, certain securities. The trust instrument provided that $150 per month should be paid to the sister out of the income of the trust, and that any income in excess of that amount should be accumulated and invested. The trust was to terminate upon the death of the beneficiary, at which time the property of…

2Cases cited6 opinions

  1. Boeing v. CommissionUnited States Board of Tax Appeals · 1938
  2. Rovensky v. CommissionerUnited States Board of Tax Appeals · 1938
  3. Wollman v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Corning v. CommissionerUnited States Board of Tax Appeals · 1937
  5. O'Laughlin v. CommissionerUnited States Board of Tax Appeals · 1938

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