Legal Opinion

Balzereit v. Commissioner

United States Board of Tax Appeals

Decided April 14, 1942No. Docket No. 104500Published

Despite an affirmed decision of the Board holding that income of three Pennsylvania trusts for 1932 is currently distributable to the beneficiaries and therefore taxable to them, in the absence of collusion, nisi decrees of an Orphans' Court of Pennsylvania, having jurisdiction, deciding that income of such trusts for later years is not currently distributable, are final and binding upon the Board in its determination of whether such income for later years is currently…

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Despite an affirmed decision of the Board holding that income of three Pennsylvania trusts for 1932 is currently distributable to the beneficiaries and therefore taxable to them, in the absence of collusion, nisi decrees of an Orphans' Court of Pennsylvania, having jurisdiction, deciding that income of such trusts for later years is not currently distributable, are final and binding upon the Board in its determination of whether such income for later years is currently distributable and therefore taxable to the beneficiaries under section 162(b) of the Revenue Acts of 1934, 1936, and 1938.…

1Opinion of the Court

ESTATE OF GEORGE H. BALZEREIT, A WEAK-MINDED PERSON, ROSA IDA SCHWEIKER, LEO A. BALZEREIT AND GIRARD TRUST COMPANY, GUARDIANS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Balzereit v. Commissioner

Docket No. 104500.

United States Board of Tax Appeals

46 B.T.A. 959; 1942 BTA LEXIS 795;

April 14, 1942, Promulgated

Despite an affirmed decision of the Board holding that income of three Pennsylvania trusts for 1932 is currently distributable to the beneficiaries and therefore taxable to them, in the absence of collusion, nisi decrees of an Orphans' Court of Pennsylvania, having…

2Cases cited10 opinions

  1. Blair v. CommissionerSupreme Court of the United States · 1937
  2. Freuler v. HelveringSupreme Court of the United States · 1934
  3. Bailey's EstateSupreme Court of Pennsylvania · 1927
  4. Letts v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Partridge's EstateSupreme Court of Pennsylvania · 1913

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