Legal Opinion

Eisenmenger v. Commissioner

United States Board of Tax Appeals

Decided May 14, 1941No. Docket No. 99914Published

Petitioner's husband created a trust for the benefit of petitioner during her lifetime and for the benefit of his sisters and their children after petitioner's death. The corpus of the trust consisted solely of stock of a personal holding company. During taxable years the trust received dividends in the form of cash and deferred debenture notes.

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Petitioner's husband created a trust for the benefit of petitioner during her lifetime and for the benefit of his sisters and their children after petitioner's death. The corpus of the trust consisted solely of stock of a personal holding company. During taxable years the trust received dividends in the form of cash and deferred debenture notes. Held: (1) The general intent of the grantor as gathered from the whole instrument was that petitioner should receive the net annual income of the trust during her lifetime. (2) Respondent properly included both the cash and the debenture notes in the…

1Opinion of the Court

MARIE ANNA EISENMENGER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Eisenmenger v. Commissioner

Docket No. 99914.

United States Board of Tax Appeals

44 B.T.A. 489; 1941 BTA LEXIS 1322;

May 14, 1941, Promulgated

Petitioner's husband created a trust for the benefit of petitioner during her lifetime and for the benefit of his sisters and their children after petitioner's death. The corpus of the trust consisted solely of stock of a personal holding company. During taxable years the trust received dividends in the form of cash and deferred debenture notes. Held:(1) The general intent…

2Cases cited16 opinions

  1. Freuler v. HelveringSupreme Court of the United States · 1934
  2. Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
  3. Bear v. Millikin Trust Co.Illinois Supreme Court · 1929
  4. Buck v. HuntleySupreme Court of Minnesota · 1922
  5. Knowlton v. . AtkinsNew York Court of Appeals · 1892

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