Legal Opinion

First Wisconsin Trust Co. v. Department of Taxation

Wisconsin Supreme Court

Decided November 4, 1940PublishedCited by 7 opinions

1Opinion of the Court

The following opinion was filed December 3, 1940:

Fairchild, J.

There was no attempt to revoke or modify the trust agreement at any time during 1936 which would affect the right of the state of Wisconsin to tax income received and retained by the trustee during that year. By the terms of the trust instrument the trustee was required upon the realization of profit from the sale of securities to treat that profit as principal and add it to the corpus of the trust. While the trust was revocable, it was not revoked during the time material to this action, namely, the year 1936. There were no…

2Cases cited5 opinions

  1. Shaffer v. CarterSupreme Court of the United States · 1920
  2. Travis v. Yale & Towne Manufacturing Co.Supreme Court of the United States · 1920
  3. Warsco v. Oshkosh Savings & Trust Co.Wisconsin Supreme Court · 1924
  4. State ex rel. Wisconsin Trust Co. v. WiduleWisconsin Supreme Court · 1916
  5. Richardson v. StephensonWisconsin Supreme Court · 1927

3Cited by7 opinions

  1. Koppelkam v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1942
  2. Laird v. Bartz (In re Newman Companies)District Court, E.D. Wisconsin · 1992
  3. State Tax Commissioner v. Wilmington Trust Co.Superior Court of Delaware · 1968
  4. Bruner v. Department of RevenueWisconsin Supreme Court · 1973
  5. First Wisconsin Trust Co. v. Tax CommissionWisconsin Supreme Court · 1941

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