Savage v. Commissioner of Internal Revenue

BUFFINGTON, Circuit Judge.

The decisive question in this case is whether, by the terms of a trust created by the taxpayer, Lillian Taylor Savage, her former, but now divorced, husband was a “beneficiary.” The pertinent statute is section 166 of the Revenue Act of 1928, 26 U. S.C.A. § 166 note, which provides, “Where the grantor of a trust has, at any time during the taxable year, either alone or in conjunction with any person not a beneficiary of the trust, the power to revest in himself title to any part of the corpus of the trust, then the income of such part of the trust for such taxable…