Legal Opinion

Higgins v. Commissioner of Internal Revenue

Court of Appeals for the First Circuit

Decided June 2, 1942No. 3755PublishedCited by 26 opinions

1Opinion of the Court

MAGRUDER, Circuit Judge.

Aldus C. Higgins, the taxpayer herein, created two trusts in 1920, one for the benefit of his daughter Elizabeth and her issue, the other for the benefit of his son Milton and his issue. On March 10, 1938, the taxpayer by formal instrument relinquished certain powers reserved to himself as settlor in each trust. The Commissioner ruled that the relinquishment of these powers in 1938 constituted gifts of the whole corpus of each trust fund. The Board of Tax Appeals sustained the Commissioner, and determined a deficiency in gift tax for the year 1938 in the sum of…

2Cases cited15 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  3. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  4. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  5. May v. HeinerSupreme Court of the United States · 1930

10 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Smith v. ShaughnessySupreme Court of the United States · 1943
  2. Commissioner of Internal Revenue v. Beck's EstateCourt of Appeals for the Second Circuit · 1942
  3. Fletcher Trust Co. v. COMMISSIONER OF INT. REVENUECourt of Appeals for the Seventh Circuit · 1944
  4. Lockard v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
  5. Thorrez v. CommissionerUnited States Tax Court · 1958

21 more not listed; retrieve them via the Exa API.

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