Ketcham v. Commissioner
United States Tax Court
1. Income of a trust made by a former husband for the benefit of his wife and minor children in contemplation of divorce which was not embodied in the Nevada divorce decree, held within the taxable income of the wife except to the extent shown by the evidence to have been used for the support and maintenance of the minor children in discharge of the former husband's parental duty. 2. Under section 3801, Internal Revenue Code, the deficiency of the beneficiary of the trust is…
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1. Income of a trust made by a former husband for the benefit of his wife and minor children in contemplation of divorce which was not embodied in the Nevada divorce decree, held within the taxable income of the wife except to the extent shown by the evidence to have been used for the support and maintenance of the minor children in discharge of the former husband's parental duty. 2. Under section 3801, Internal Revenue Code, the deficiency of the beneficiary of the trust is not barred by the statute of limitations, since it was determined within one year after the decision of the Board of…
1Opinion of the Court
OPINION.
SteRnhagen, Judge:
1. — In the deficiency notices the “explanation” is that the income received by the petitioner from the Francis V. duPont trusts in excess of the amount expended for the maintenance of the children is taxable to her. So much of the trust income as was expended for the children is admitted by the Commissioner not to be within this petitioner’s income, and is therefore not in controversy. The amount for each year is shown in the schedule of the findings.
The trusts were established- in 1931 in contemplation of divorce. The 1933 income of the second trust had been…
2Cases cited9 opinions
- Helvering v. StuartSupreme Court of the United States · 1942
- Helvering v. LeonardSupreme Court of the United States · 1940
- Helvering v. FullerSupreme Court of the United States · 1940
- Hale v. CommissionerUnited States Tax Court · 1942
- W. F. Trimble & Sons Co. v. CommissionerUnited States Tax Court · 1943
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Olaf E. Taxeraas, Administrator of the Estate of Carl Taxeraas and Irene Taxeraas v. United StatesCourt of Appeals for the Eighth Circuit · 1959
- Corrigan v. CommissionerUnited States Tax Court · 1944
- Grange Trust v. CommissionerUnited States Tax Court · 1945
- Ketcham v. CommissionerUnited States Tax Court · 1943