Moore Trust v. Commissioner
United States Tax Court
Trustee of petitioner was the defendant in a State court litigation brought by the beneficial remaindermen of petitioner to have their interests accelerated following the renunciation by the life income beneficiary of part of her interest. The complaint in the State court action prayed that the trustee be ordered to set up separate trusts of equal amount for the respective benefit of each remainderman.
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Trustee of petitioner was the defendant in a State court litigation brought by the beneficial remaindermen of petitioner to have their interests accelerated following the renunciation by the life income beneficiary of part of her interest. The complaint in the State court action prayed that the trustee be ordered to set up separate trusts of equal amount for the respective benefit of each remainderman. The court decided adversely to the remaindermen's claim, which decision was affirmed on appeal. However, the court, in accordance with State law, charged the legal expenses of all the parties…
1Opinion of the Court
OPINION
The first issue for decision in this case is whether attorneys’ fees incurred by petitioner in connection with certain litigation are deductible expenses for the management, conservation, or maintenance of property held for the production of income, or whether the amounts were capital expenditures incurred in defending or perfecting title to property.
The facts giving rise to this case, briefly stated, are as follows: Petitioner is the Herman A. Moore Trust created pursuant to the will of Herman A. Moore. Under this will the trustee of petitioner was directed to pay a portion of the…
Also in this document: Dissent.
2Cases cited14 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Burnet v. HarmelSupreme Court of the United States · 1932
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Southland Royalty Co. v. United StatesUnited States Court of Claims · 1978
- Willits v. CommissionerUnited States Tax Court · 1968
- Estate of Aquilino v. CommissionerUnited States Tax Court · 1972
- Moore Trust v. CommissionerUnited States Tax Court · 1968
- Newberry v. CommissionerUnited States Tax Court · 1970
3 more not listed; retrieve them via the Exa API.