Legal Opinion
Emery v. Commissioner of Internal Revenue
Court of Appeals for the First Circuit
Decided July 22, 1946No. 4152PublishedCited by 9 opinions
1Opinion of the Court
MAHONEY, Circuit Judge.
This case presents the question of whether a beneficiary of a trust is taxable for the income of the trust under § 22(a) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 22(a), when she has the power to revoke, alter or amend the trust.
On August 20, 1937, Allan C. Emery created five irrevocable trusts, divesting himself of all interest in the trust principal or income. The Boston Safe Deposit and Trust Company was the sole trustee of all five trusts. Under each of the trusts, the trustee was directed to pay the settlor’s wife, Elsie C. Emery, the petitioner in…
2Cases cited14 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. HorstSupreme Court of the United States · 1940
- Corliss v. BowersSupreme Court of the United States · 1930
- Helvering v. StuartSupreme Court of the United States · 1942
- Helvering v. EubankSupreme Court of the United States · 1941
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Álvarez Feito v. Secretario de HaciendaSupreme Court of Puerto Rico · 1957
- Grant v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1949
- Bunting v. CommissionerCourt of Appeals for the Sixth Circuit · 1947
- Mercantile-Commerce Bank & Trust Co. v. CommissionerCourt of Appeals for the Eighth Circuit · 1948
- Boscio v. Secretario de HaciendaSupreme Court of Puerto Rico · 1962
4 more not listed; retrieve them via the Exa API.