Berolzheimer v. Commissioner
United States Board of Tax Appeals
1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE TRUST IS LACKING IN SUBSTANCE. - Trust held not lacking in substance or reality so as to be disregarded for income tax purposes. 2. Id. - (b) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Trust income taxable to grantor where restricted to maintenance and education of minor child, following Douglas v. Willcuts,296 U.S. 1.
1Opinion of the Court
ALFRED C. BEROLZHEIMER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
EDWIN M. BEROLZHEIMER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Berolzheimer v. Commissioner
Docket Nos. 89259, 89267.
United States Board of Tax Appeals
40 B.T.A. 645; 1939 BTA LEXIS 821;
October 6, 1939, Promulgated
1. TRUST INCOME - TAXABLE TO GRANTOR - (a) WHERE TRUST IS LACKING IN SUBSTANCE. - Trust held not lacking in substance or reality so as to be disregarded for income tax purposes.
2. Id. - (b) WHERE RESTRICTED TO DISCHARGE OF OBLIGATION OF GRANTOR. - Trust income taxable to grantor…
2Cases cited5 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Wollman v. CommissionerUnited States Board of Tax Appeals · 1934
- Hormel v. CommissionerUnited States Board of Tax Appeals · 1939
- Berolzheimer v. CommissionerUnited States Board of Tax Appeals · 1939