Legal Opinion

Pozzo Di Borgo v. Commissioner

United States Tax Court

Decided October 15, 1954No. Docket No. 47528Published

Petitioner in 1949 paid commissions to a trustee upon the revocation of a trust previously created by her. The total amount of the commissions was determined in accordance with provisions of the New York Civil Practice Act as "commissions from principal" for receiving and paying out the entire value of the principal. 36.5136 per cent of the total value of the principal consisted of securities the income or interest from which was exempt from the income tax.

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Petitioner in 1949 paid commissions to a trustee upon the revocation of a trust previously created by her. The total amount of the commissions was determined in accordance with provisions of the New York Civil Practice Act as "commissions from principal" for receiving and paying out the entire value of the principal. 36.5136 per cent of the total value of the principal consisted of securities the income or interest from which was exempt from the income tax. Petitioner contends that the commissions paid out of principal were expenses paid solely for the management, conservation, or maintenance…

1Opinion of the Court

Valerie Norrie Pozzo di Borgo, Petitioner, v. Commissioner of Internal Revenue, Respondent

Pozzo Di Borgo v. Commissioner

Docket No. 47528

United States Tax Court

23 T.C. 76; 1954 U.S. Tax Ct. LEXIS 72;

October 15, 1954, Filed

Decision will be entered for the respondent.

Petitioner in 1949 paid commissions to a trustee upon the revocation of a trust previously created by her. The total amount of the commissions was determined in accordance with provisions of the New York Civil Practice Act as "commissions from principal" for receiving and paying out the entire value of the principal. 36.5136 per…

2Cases cited5 opinions

  1. Smart v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
  2. Civiletti v. CommissionerUnited States Tax Court · 1944
  3. Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
  4. Knox Trust v. CommissionerUnited States Tax Court · 1944
  5. Pozzo Di Borgo v. CommissionerUnited States Tax Court · 1954

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