Legal Opinion

Cushing v. Commissioner

United States Board of Tax Appeals

Decided October 19, 1938No. Docket Nos. 83792, 83793Published

The income of a trust created by an individual in Massachusetts, the settlor's mother being a trustee upon whose direction the corpus could be transferred to the settlor, held, under Revenue Act of 1932, sections 166 and 167, taxable to the settlor because under the terms of the trust the mother was "a person not having a substantial adverse interest."

1Opinion of the Court

MARY A. CUSHING, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Cushing v. Commissioner

Docket Nos. 83792, 83793.

United States Board of Tax Appeals

38 B.T.A. 948; 1938 BTA LEXIS 807;

October 19, 1938, Promulgated

The income of a trust created by an individual in Massachusetts, the settlor's mother being a trustee upon whose direction the corpus could be transferred to the settlor, held, under Revenue Act of 1932, sections 166 and 167, taxable to the settlor because under the terms of the trust the mother was "a person not having a substantial adverse interest."

Francis V. Barstow,…

2Cases cited1 opinion

  1. Cushing v. CommissionerUnited States Board of Tax Appeals · 1938

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