Legal Opinion

Grosvenor v. Commissioner

United States Board of Tax Appeals

Decided November 12, 1934No. Docket No. 60381Published

Where property is transferred in trust for the benefit of a minor child of the grantor until such child attains the age of 21 years, or until her death if she dies a minor, and the income during the life of the trust is payable to the grantor's wife, "to be expended by her for the support, maintenance, and education" of the minor, the income of the trust is not taxable as part of the income of the grantor under the Revenue Act of 1928. Francis J. Stokes,28 B.T.A. 1243,…

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Where property is transferred in trust for the benefit of a minor child of the grantor until such child attains the age of 21 years, or until her death if she dies a minor, and the income during the life of the trust is payable to the grantor's wife, "to be expended by her for the support, maintenance, and education" of the minor, the income of the trust is not taxable as part of the income of the grantor under the Revenue Act of 1928. Francis J. Stokes,28 B.T.A. 1243, followed. Edmund O. Schweitzer,30 B.T.A. 155, overruled.

1Opinion of the Court

THEODORE P. GROSVENOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Grosvenor v. Commissioner

Docket No. 60381.

United States Board of Tax Appeals

31 B.T.A. 574; 1934 BTA LEXIS 1068;

November 12, 1934, Promulgated

Where property is transferred in trust for the benefit of a minor child of the grantor until such child attains the age of 21 years, or until her death if she dies a minor, and the income during the life of the trust is payable to the grantor's wife, "to be expended by her for the support, maintenance, and education" of the minor, the income of the trust is not taxable as…

2Cases cited5 opinions

  1. Reinecke v. SmithSupreme Court of the United States · 1933
  2. Schweitzer v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Bromley v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Stokes v. CommissionerUnited States Board of Tax Appeals · 1933
  5. Grosvenor v. CommissionerUnited States Board of Tax Appeals · 1934

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