Foster v. Commissioner
United States Tax Court
1. Res Judicata. -- A decision of this Court holding the income of a trust for a prior year not taxable to the petitioner-grantor, under section 167, held not res judicata in these proceedings involving the petitioner's liability for tax on the income of the same trust under section 22 (a) and the doctrine of Helvering v. Clifford, 309 U.S. 331. 2. Trust Income -- Taxability to Grantor Under Section 22 (a). -- The income of a trust created in 1918 for the benefit of…
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1. Res Judicata. -- A decision of this Court holding the income of a trust for a prior year not taxable to the petitioner-grantor, under section 167, held not res judicata in these proceedings involving the petitioner's liability for tax on the income of the same trust under section 22 (a) and the doctrine of Helvering v. Clifford, 309 U.S. 331. 2. Trust Income -- Taxability to Grantor Under Section 22 (a). -- The income of a trust created in 1918 for the benefit of grantor's wife and children held not taxable to grantor where he retained a measure of control over the administration of the…
1Opinion of the Court
OPINION.
LeMiiie, Judge:
The petitioner contends, first, that the question of his liability for tax on the income of the trust for the years involved under section 22 (a) is res judicata by reason of the prior decisions of this Court in Lee B. Foster, 22 B. T. A. 717; L. B. Foster, 26 B. T. A. 1328, and L. B. Foster et al., Docket Nos. 67039, 67085-67087 (memorandum opinion, Sept. 26, 1935).
The first two of these cases involved identical issues, namely, the question of the petitioner’s right to loss deductions resulting from the sale of securities to the Pauline L. Foster trust. The deductions…
2Cases cited6 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Blair v. CommissionerSupreme Court of the United States · 1937
- Helvering v. StuartSupreme Court of the United States · 1942
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
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3Cited by3 opinions
- Fairmont Aluminum Co. v. CommissionerUnited States Tax Court · 1954
- Fairmont Aluminum Co. v. CommissionerUnited States Tax Court · 1954
- Foster v. CommissionerUnited States Tax Court · 1947