Yuengling v. Commissioner of Internal Revenue

DAVIS, Circuit Judge.

This petition involves the income tax liability of Frank D. Yuengling for the year 1928.

He executed an irrevocable trust agreement. It provided that the trustee would use the income of the res to pay premiums on policies of insurance upon the petitioner’s life and designated his wife and children as the beneficiaries ox the trust.

The question here is whether or not that portion of the income of the res which was applied to the payment of premiums on the insurance policies on the petitioner’s life for his family’s benefit is taxable to him. The facts here are substantially…