Legal Opinion
Commissioner v. Nicolai
Court of Appeals for the Ninth Circuit
Decided March 28, 1942No. 9904PublishedCited by 3 opinions
1Opinion of the Court
HANEY, Circuit Judge.
The question raised by the petition to review now before us, is whether income received by a trustee of a so-called alimony trust and paid by the trustee to a divorced wife, is income taxable to the husband who was the creator of the trust.
A person may have taxable income without having personally received it. For example, if A owes a debt to B (which if paid to B would be income taxable to him), and B owes a debt to C, B derives taxable income where A pays C to discharge A’s debt to B and B’s debt to C.1 The transaction is treated the same as if A paid his debt to B, and…
2Cases cited14 opinions
- Helvering v. CliffordSupreme 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. Boston & Maine RailroadSupreme Court of the United States · 1929
- Helvering v. FitchSupreme Court of the United States · 1940
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Maloney v. SpencerCourt of Appeals for the Ninth Circuit · 1949
- Van Clief v. HelveringCourt of Appeals for the D.C. Circuit · 1943
- Daggett v. CommissionerCourt of Appeals for the Ninth Circuit · 1942