Legal Opinion

Tuttle v. Commissioner

United States Board of Tax Appeals

Decided November 28, 1934No. Docket No. 70558Published

Income received by beneficiary, petitioner's divorced wife, under a trust established by petitioner during pendency of divorce proceedings and intended as a settlement between the parties of property rights arising from marriage, is not to be included in petitioner's income.

1Opinion of the Court

CARL B. TUTTLE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Tuttle v. Commissioner

Docket No. 70558.

United States Board of Tax Appeals

31 B.T.A. 782; 1934 BTA LEXIS 1038;

November 28, 1934, Promulgated

Income received by beneficiary, petitioner's divorced wife, under a trust established by petitioner during pendency of divorce proceedings and intended as a settlement between the parties of property rights arising from marriage, is not to be included in petitioner's income.

Ward H. Peck, Esq., and William C. Rowland, C.P.A., for the petitioner.

John D. Kiley, Esq., for the respondent.

2Cases cited2 opinions

  1. Helvering v. ButterworthSupreme Court of the United States · 1933
  2. Tuttle v. CommissionerUnited States Board of Tax Appeals · 1934

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