Tullgren v. Commissioner
United States Board of Tax Appeals
ANNUITIES - CHARGE ON LAND DEVISED. - By the will of petitioners' father an annuilty of $6,000 a year was given their mother, directed to be paid by petitioners. By that will certain real property was devised them, subject to the payment of the annuity.
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ANNUITIES - CHARGE ON LAND DEVISED. - By the will of petitioners' father an annuilty of $6,000 a year was given their mother, directed to be paid by petitioners. By that will certain real property was devised them, subject to the payment of the annuity. Held, that the annuity was a charge against the income from the property and as to any arrearage against the corpus, and the income in 1923 being less than the the amount of the annuity, none of it represented income taxable to petitioners, but the income in the following year being in excess of the annuity, such excess represented income…
1Opinion of the Court
*1245OPINION.
Teitsseul :
By his will petitioners’ father bequeathed to his widow an annuity of $6,000 per year, charging that it be paid by petitioners. By a subsequent clause of the will he devised to these petitioners certain real property “subject” to the payment of the annuity mentioned. The balance of his estate he gave to petitioners, specifically excepting it from charge on account of the annuity.
By bequests of this character the question is raised as to whether the payment of the annuity is to be construed as a condition precedent or subsequent or as a charge upon the land, and by the great…
2Cases cited27 opinions
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Parsons v. MillarIllinois Supreme Court · 1901
- Schrader v. SchraderSupreme Court of Iowa · 1912
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3Cited by1 opinion
- Tullgren v. CommissionerUnited States Board of Tax Appeals · 1929