State Tax Commission v. Loring

This is an appeal by the commission from a decision of the Appellate Tax Board granting abatement of an income tax upon income received in 1958 by the trustee of an irrevocable trust (the 1955 trust). The facts are stated in accordance with a stipulation upon the basis of which the board made findings.

The trustee, an inhabitant of Massachusetts, pursuant to the 1955 trust agreement, created by an inhabitant of Massachusetts, is to expend for the benefit of Anne Bick-ford, a minor residing in California in 1958 and now, so much of the net income and principal of the trust property as the…