Mahler v. Conway

The facts are not in dispute and the only issue is the question of law whether the assets of two trusts created for the benefit of Carol L. Mahler, if she survived the termination thereof in 1933 and 1934, constituted taxable income under the Income Tax Act upon the final distribution of the trust assets to her by a nonresident trustee. Each of the trusts was .created by a separate trust agreement executed on December 13, 1929, by Ernst Mahler, the husband of Carol L. Mahler. They were then and thereafter continued to be residents of this state. By each agreement he transferred to the First…