Foster v. Commissioner
United States Tax Court
1. Res Judicata. -- A decision of this Court holding the income of a trust for a prior year not taxable to the petitioner-grantor, under section 167, held not res judicata in these proceedings involving the petitioner's liability for tax on the income of the same trust under section 22 (a) and the doctrine of Helvering v. Clifford, 309 U.S. 331. 2. Trust Income -- Taxability to Grantor Under Section 22 (a). -- The income of a trust created in 1918 for the benefit of…
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1. Res Judicata. -- A decision of this Court holding the income of a trust for a prior year not taxable to the petitioner-grantor, under section 167, held not res judicata in these proceedings involving the petitioner's liability for tax on the income of the same trust under section 22 (a) and the doctrine of Helvering v. Clifford, 309 U.S. 331. 2. Trust Income -- Taxability to Grantor Under Section 22 (a). -- The income of a trust created in 1918 for the benefit of grantor's wife and children held not taxable to grantor where he retained a measure of control over the administration of the…
1Opinion of the Court
L. B. Foster, Petitioner, v. Commissioner of Internal Revenue, Respondent
Foster v. Commissioner
Docket Nos. 4134, 7200
United States Tax Court
8 T.C. 197; 1947 U.S. Tax Ct. LEXIS 297;
January 29, 1947, Promulgated
Decision will be entered under Rule 50.
1. Res Judicata. -- A decision of this Court holding the income of a trust for a prior year not taxable to the petitioner-grantor, under section 167, held not res judicata in these proceedings involving the petitioner's liability for tax on the income of the same trust under section 22 (a) and the doctrine of Helvering v. Clifford, 309 U.S. 331.
2.…
2Cases cited7 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Blair v. CommissionerSupreme Court of the United States · 1937
- Helvering v. StuartSupreme Court of the United States · 1942
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
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