Black v. Commissioner
United States Tax Court
During the taxable years the petitioner was the trustee of an irrevocable trust which he created in 1937 for the benefit of his son and any of his children who might be born thereafter. The original trustee was petitioner's father, who died within a few months after the trust was created. Pursuant to the provisions of the trust indenture, the petitioner became trustee upon his father's death. The trustee had broad powers of management.
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During the taxable years the petitioner was the trustee of an irrevocable trust which he created in 1937 for the benefit of his son and any of his children who might be born thereafter. The original trustee was petitioner's father, who died within a few months after the trust was created. Pursuant to the provisions of the trust indenture, the petitioner became trustee upon his father's death. The trustee had broad powers of management. No part of the trust fund or of the income therefrom was used by the petitioner for his own benefit during the taxable years and the trustee had only such…
1Opinion of the Court
OPINION.
Smith, Judge:
This proceeding is for the redetermination of deficiencies in income tax for the years 1939,1940, and 1941 in the respective amounts of $893.92, $7,008.30, and $9,635.37. The question in issue is whether the petitioner is liable to income tax in respect of the income of a trust which he created in 1937 for the benefit of his son and after-born children.
The facts have all been stipulated.
The petitioner is a resident of Mansfield, Ohio. He filed his income tax returns for 1939, 1940, and 1941 on the cash basis with the collector of internal revenue for the eighteenth…
2Cases cited4 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Hall v. CommissionerUnited States Tax Court · 1944
- Cushman v. CommissionerUnited States Tax Court · 1944
3Cited by13 opinions
- Jones v. CommissionerUnited States Tax Court · 1946
- Shapero v. CommissionerUnited States Tax Court · 1947
- Fruehauf v. CommissionerUnited States Tax Court · 1949
- Tobin v. CommissionerUnited States Tax Court · 1948
- Black v. CommissionerUnited States Tax Court · 1945
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