Legal Opinion · Concurrence

Handly v. Commissioner

United States Board of Tax Appeals

Decided July 24, 1934No. Docket Nos. 66810, 67671, 74406Published

The income of a trust created in Tennessee by a mother for the education and support of each of her minor children and distributed to their father, one of the trustees, for that purpose, held not within her gross income, notwithstanding the settlor's right to revoke as to principal in a future year.

1Concurrence

Muedock,

concurring: I fully approve of the above opinion except for the reference to the case of Edmund O. Schweitzer, 30 B.T.A. 155. The present case and dissenting opinion in the Schweitzer case demonstrate that the latter case was incorrectly decided. The reasoning in the Schweitzer case was contrary to the Commissioner’s rulings and regulations (C.B. 3, p. 116, S.O. 14), and to prior decisions of the Board. Irene O'D. Ferrer, 20 B.T.A. 811; S. A. Lynch, 23 B.T.A. 435; Lilian K. Blake, 23 B.T.A. 554; John H. Stevens, 24 B.T.A. 52; Francis J. Stokes, 28 B.T.A. 1243. Cf. Frank P. Welch, 12…

2Cases cited9 opinions

  1. Burnet v. WellsSupreme Court of the United States · 1933
  2. Stetson v. CommissionerUnited States Board of Tax Appeals · 1932
  3. Ashforth v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Lynch v. CommissionerUnited States Board of Tax Appeals · 1931
  5. Schweitzer v. CommissionerUnited States Board of Tax Appeals · 1934

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