Legal Opinion
DeBrabant v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided June 7, 1937No. 349PublishedCited by 20 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The trustee of an express trust received during the year 1930 certain dividends from stock of the United Verde Copper Company, a mining corporation, held as an investment of the trust. It refrained from distributing a portion of these dividends to the beneficiary, who is the taxpayer in the present proceeding, to whom the income of the trust was currently distributable, in the belief that the portion withheld constituted corpus, and not income, of the estate. In 1933 the Court of Chancery of New Jersey decided that the dividends were wholly income. The portion…
2Cases cited7 opinions
- Freuler v. HelveringSupreme Court of the United States · 1934
- Hart v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1932
- Letts v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
- Ferguson v. ForstmannCourt of Appeals for the Third Circuit · 1928
- McCaughn v. Girard Trust Co.Court of Appeals for the Third Circuit · 1927
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Estate of Ernst N. Petschek, Deceased, Thomas H. Petschek and Asher Lans, Executors v. The Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1984
- Estate of Petschek v. CommissionerUnited States Tax Court · 1983
- United States v. Francis L. Higginson, TrusteesCourt of Appeals for the First Circuit · 1956
- United States v. Loft, Inc.Supreme Court of Delaware · 1941
- Gloria M. Packard Polt, Estate of Robert L. Dula, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1956
15 more not listed; retrieve them via the Exa API.