Legal Opinion
Commissioner v. Makransky
Court of Appeals for the Third Circuit
Decided July 3, 1963No. Nos. 13785-13793PublishedCited by 56 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
The Tax Court has imposed income tax liability upon a trust for certain distributions of corporate earnings of J. A. Dougherty & Sons, Inc., (“Dougherty, Inc.”), while refusing to treat these disbursements as yielding taxable income to the beneficiaries of the trust or the settlor. 36 T.C. 446. The trustees have filed petitions for review on behalf of the trust and the Commissioner has filed protective cross-petitions from the decisions that the beneficiaries are not taxable.
The trust was created gratuitously in 1947 by an indenture of the settlor, Joseph Binenstock. The…
2Cases cited34 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. HorstSupreme Court of the United States · 1940
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Douglas v. WillcutsSupreme Court of the United States · 1935
- United States v. DavisSupreme Court of the United States · 1962
29 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Neonatology Assocs., P.A. v. Comm'rUnited States Tax Court · 2000
- Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Yelencsics v. CommissionerUnited States Tax Court · 1980
- Nicholls, North, Buse Co. v. CommissionerUnited States Tax Court · 1971
- Harry Moore, Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1969
51 more not listed; retrieve them via the Exa API.