Legal Opinion
American Trust Company v. Smyth
District Court, N.D. California
Decided June 4, 1956No. 33507PublishedCited by 3 opinions
1Opinion of the Court
OLIVER J. CARTER, District Judge.
Plaintiff, as trustee of a testamentary trust, seeks the refund of capital gains taxes paid under protest. The facts are not in dispute. Jurisdiction is necessarily invoked under 28 U.S.C. § 1346 (a) (1).
In 1946 plaintiff trustee sold part of the property constituting the corpus of the trust at a profit. Defendant Collector of Internal Revenue collected a capital gains tax based on the gain resulting from that sale of trust property. Throughout 1946 all the life beneficiaries of the trust and all the remaindermen of the trust were residents of the United…
2Cases cited10 opinions
- Freuler v. HelveringSupreme Court of the United States · 1934
- Factor v. LaubenheimerSupreme Court of the United States · 1933
- Saulsbury v. United StatesCourt of Appeals for the Fifth Circuit · 1952
- Lewenhaupt v. CommissionerUnited States Tax Court · 1953
- Jan Casimir Lewenhaupt v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
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3Cited by3 opinions
- Andre Maximov, as Trustee for the Benefit of H. Robbin Fedden U/a Dated 10/24/47 v. United StatesCourt of Appeals for the Second Circuit · 1962
- Lambert Tree Trust Estate v. CommissionerUnited States Tax Court · 1962
- Lambert Tree Trust Estate v. CommissionerUnited States Tax Court · 1962