Legal Opinion

Ferrer v. Commissioner

United States Board of Tax Appeals

Decided September 15, 1930No. Docket No. 18199Published

1. The petitioner was named the residuary legatee of her husband's estate and charged with a trust to expend such sums as she considered proper for the care and education of her four minor children.

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1. The petitioner was named the residuary legatee of her husband's estate and charged with a trust to expend such sums as she considered proper for the care and education of her four minor children. Held that the sums so expended should be reported as income of the children and are not properly included in her gross income. 2. Where an estate did not distribute income for prior years until 1921, held that income for those years is properly returnable by the estate and not by the beneficiary.

1Opinion of the Court

IRENE O'D. FERRER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Ferrer v. Commissioner

Docket No. 18199.

United States Board of Tax Appeals

20 B.T.A. 811; 1930 BTA LEXIS 2030;

September 15, 1930, Promulgated

1. The petitioner was named the residuary legatee of her husband's estate and charged with a trust to expend such sums as she considered proper for the care and education of her four minor children. Held that the sums so expended should be reported as income of the children and are not properly included in her gross income.

2. Where an estate did not distribute income for prior…

2Cases cited7 opinions

  1. Colton v. ColtonSupreme Court of the United States · 1888
  2. Loring v. LoringMassachusetts Supreme Judicial Court · 1868
  3. Gutterman Strauss Co. v. CommissionerUnited States Board of Tax Appeals · 1924
  4. Ferrer v. CommissionerUnited States Board of Tax Appeals · 1930
  5. Titusville Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1926

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