Legal Opinion

Rathborne v. Commissioner

United States Board of Tax Appeals

Decided May 31, 1938No. Docket No. 83106Published

Petitioner's father-in-law in his will created a testamentary trust, and directed the trustee in article seventh thereof to "pay out (of) the revenues of the trust estate and out of the principal, should it be necessary to trench upon the latter as authorized in Article 6th hereof" $30,000 per annum to petitioner. Similar bequests except as to amounts were made to other beneficiaries.

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Petitioner's father-in-law in his will created a testamentary trust, and directed the trustee in article seventh thereof to "pay out (of) the revenues of the trust estate and out of the principal, should it be necessary to trench upon the latter as authorized in Article 6th hereof" $30,000 per annum to petitioner. Similar bequests except as to amounts were made to other beneficiaries. The same article of the will provided that in case the revenues of the trust estate should not be sufficient to meet the charges imposed thereon, "the several beneficiaries shall suffer a diminution and loss of…

1Opinion of the Court

MRS. GEORGIE W. RATHBORNE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Rathborne v. Commissioner

Docket No. 83106.

United States Board of Tax Appeals

37 B.T.A. 936; 1938 BTA LEXIS 961;

May 31, 1938, Promulgated

Petitioner's father-in-law in his will created a testamentary trust, and directed the trustee in article seventh thereof to "pay out (of) the revenues of the trust estate and out of the principal, should it be necessary to trench upon the latter as authorized in Article 6th hereof" $30,000 per annum to petitioner. Similar bequests except as to amounts were made to other…

2Cases cited1 opinion

  1. Rathborne v. CommissionerUnited States Board of Tax Appeals · 1938

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