Curry v. Commissioner

LINDLEY, District Judge.

This is a petition to review a decision of the Tax Court approving the Commissioner’s assessment of additional taxes against petitioner for the years 1938, 1939, 1940 and 1941. The sole question presented is whether income received by the taxpayer in those years was, to the extent of $10,-000 annually, an annuity or bequest within the meaning of Section 22(b) (3) of the Revenue Act of 1938 and of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 22(b) (3). If the testator who made provision for the payment of income to the taxpayer from the trust created by his…