HELVERING, COMMR. OF INTERNAL REVENUE v. McILVAINE TR.

The question presented in this case is similar to that involved in United States Trust Co. v. Commissioner, decided this day, ante, p. 481. By amendments under a reserved power, the terms of an original trust created by John P. Wilson, in 1913, were altered with the intention of creating three separate trusts. The Board of Tax Appeals, upon findings supported by evidence, concluded that this purpose was accomplished and hence that there was no deficiency. 29 B. T. A. 304. The Circuit Court of Appeals affirmed the order of the Board. 78 F. (2d) 787. We granted certiorari because of the…