Legal Opinion
State Tax Commissioner v. Wilmington Trust Co.
Superior Court of Delaware
Decided December 5, 1968PublishedCited by 6 opinions
1Opinion of the Court
OPINION
CHRISTIE, Judge.
This appeal from a decision of the State Tax Board involves the narrow issue of whether the capital gains realized on General Motors stock distributed to duPont stockholders as a result of antitrust litigation is taxable under Delaware income tax law as a capital gain to a revocable trust which held the duPont stock or to the set-tlor of the trust who was also the income beneficiary of the trust.
The facts are not in dispute. Angus B. Echols, a duPont Company executive, set up a revocable trust in 1957 with Wilmington Trust Company as trustee. Under the terms of the…
2Cases cited6 opinions
- Searles v. DarlingSupreme Court of Delaware · 1951
- Fulweiler v. SpruanceSupreme Court of Delaware · 1966
- Application of BeattieSuperior Court of Delaware · 1962
- First Wisconsin Trust Co. v. Department of TaxationWisconsin Supreme Court · 1940
- Loockwood v. Unemployment Compensation CommissionSuperior Court of Delaware · 1950
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Director of Revenue v. BarrySuperior Court of Delaware · 1978
- State Tax Commissioner v. StephensonSuperior Court of Delaware · 1970
- Director of Revenue v. StroupSuperior Court of Delaware · 1992
- State Tax Commissioner v. StephensonSupreme Court of Delaware · 1971
- Howard v. Colonial School DistrictSuperior Court of Delaware · 1992
1 more not listed; retrieve them via the Exa API.