Legal Opinion

Barbour v. Commissioner

United States Board of Tax Appeals

Decided May 19, 1939No. Docket No. 91943Published

A trust terminates at a fixed time or upon the death either of the grantor or beneficiary prior to such time. If the grantor is living at the termination of the trust the corpus reverts to him. If trust terminates because of grantor's death or subsequent thereto, corpus goes to those designated in grantor's will or, in default of will, to grantor's surviving children or their heirs. No part of income of trust is accumulated or payable to grantor.

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A trust terminates at a fixed time or upon the death either of the grantor or beneficiary prior to such time. If the grantor is living at the termination of the trust the corpus reverts to him. If trust terminates because of grantor's death or subsequent thereto, corpus goes to those designated in grantor's will or, in default of will, to grantor's surviving children or their heirs. No part of income of trust is accumulated or payable to grantor. No power to alter or revoke the trust is reserved and no power to revest title to trust property in the grantor during the term of the trust is…

1Opinion of the Court

FREDERICK K. BARBOUR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Barbour v. Commissioner

Docket No. 91943.

United States Board of Tax Appeals

39 B.T.A. 910; 1939 BTA LEXIS 952;

May 19, 1939, Promulgated

A trust terminates at a fixed time or upon the death either of the grantor or beneficiary prior to such time. If the grantor is living at the termination of the trust the corpus reverts to him. If trust terminates because of grantor's death or subsequent thereto, corpus goes to those designated in grantor's will or, in default of will, to grantor's surviving children or their…

2Cases cited10 opinions

  1. Burnet v. WellsSupreme Court of the United States · 1933
  2. New York Life Insurance v. StathamSupreme Court of the United States · 1876
  3. Hoeper v. Tax Comm'n of Wis.Supreme Court of the United States · 1931
  4. Boeing v. CommissionUnited States Board of Tax Appeals · 1938
  5. Downs v. CommissionerUnited States Board of Tax Appeals · 1937

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