Wenger v. Commissioner
United States Board of Tax Appeals
1. Petitioner created a trust, the income to be accumulated by the trustee and, together with the corpus, to be held and distributed in amounts, within the discretion of the latter, when called for by petitioner and/or her children to relieve any of them should "any accident, sickness, calamity, misfortune, adversity, bereavement or loss, financially or otherwise, * * * visit, overtake or befall * * * [them]." The trustee possessed no adverse interest.
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1. Petitioner created a trust, the income to be accumulated by the trustee and, together with the corpus, to be held and distributed in amounts, within the discretion of the latter, when called for by petitioner and/or her children to relieve any of them should "any accident, sickness, calamity, misfortune, adversity, bereavement or loss, financially or otherwise, * * * visit, overtake or befall * * * [them]." The trustee possessed no adverse interest. Held, that the conditions giving rise to the exercise of the discretion to distribute on the part of the disinterested trustee are so broad as…
1Opinion of the Court
*228OPINION-.
Leech :
Respondent contends that the income of the trust is taxable to the petitioner under the provisions of sections 166 and 167 of the Revenue Act of 1934.1
*229On brief petitioner contends that respondent has raised new issues in his brief because no mention was made of section 166 and section 167 (a) (1) of the 1934 Act in the notice of deficiency, or in respondent’s answer. A similar contention was made and decided against the petitioner in Raoul H. Fleischmann, 40 B. T. A. 672, 681. It was there said:
⅜ ⅜ * The Board has said many times that the real question for decision is the…
2Cases cited1 opinion
- Reinecke v. SmithSupreme Court of the United States · 1933
3Cited by9 opinions
- Helvering v. EvansCourt of Appeals for the Third Circuit · 1942
- Peggy Hudson Ogilvie, Admx. v. Commissioner of Internal Revenue, Hillsman Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954
- United States v. Zelma T. Kyle and Betty K. KyleCourt of Appeals for the Fourth Circuit · 1957
- Kyle v. United StatesDistrict Court, E.D. Virginia · 1956
- Royal Little v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1960
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