Legal Opinion

Kline v. Commissioner of Internal Revenue

Court of Appeals for the Third Circuit

Decided September 1, 1942No. 7981PublishedCited by 28 opinions

1Opinion of the Court

BIGGS, Circuit Judge.

The petitioner was the owner of a voting trust certificate representing the beneficial interest in 4,500 shares of the stock of E. J. Lavino & Co. On December 24, 1937 the petitioner executed an irrevocable trust and transferred the voting trust certificate to it. He designated himself as trustee and the indenture provided that he was to collect the dividends and pay the net income for his life to his wife. After the settlor’s death the interest and principal were to be paid to his wife, to his son, or to his son’s descendants.

The sole question presented by the petition…

2Cases cited8 opinions

  1. Helvering v. Tex-Penn Oil Co.Supreme Court of the United States · 1937
  2. Guggenheim v. RasquinSupreme Court of the United States · 1941
  3. Lucas v. AlexanderSupreme Court of the United States · 1929
  4. Tex-Penn Oil Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1936
  5. Heiner v. GwinnerCourt of Appeals for the Third Circuit · 1940

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Estate of Cora R. Fitts, Deceased, J. Russel Fitts and Frank E. Tyler, Co-Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
  2. Estate of Reynolds v. CommissionerUnited States Tax Court · 1970
  3. Harwood v. CommissionerUnited States Tax Court · 1984
  4. United States v. Wholesale Oil Co.Court of Appeals for the Tenth Circuit · 1946
  5. Commissioner of Internal Revenue v. McCannCourt of Appeals for the Second Circuit · 1944

23 more not listed; retrieve them via the Exa API.

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