Fitch v. Commissioner
United States Board of Tax Appeals
In 1923 petitioner and his wife entered into an irrevocable trust agreement transferring certain properties to a trustee with directions to pay a specified amount of the income to the wife for life and the balance to petitioner for life. In 1925 an Iowa court in a decree of absolute divorce confirmed the trust agreement as a property settlement between petitioner and his wife.
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In 1923 petitioner and his wife entered into an irrevocable trust agreement transferring certain properties to a trustee with directions to pay a specified amount of the income to the wife for life and the balance to petitioner for life. In 1925 an Iowa court in a decree of absolute divorce confirmed the trust agreement as a property settlement between petitioner and his wife. For the year 1933 the Supreme Court of the United States upheld the respondent's determination that the income from the trust distributed to petitioner's divorced wife during that year was taxable to petitioner,…
1Opinion of the Court
*774OPINION.
Turner :
The respondent determined deficiencies in income tax for the years 1934 and 1935 in the respective amounts of $998.62 and $1,078.54. The question presented is whether or not the petitioner is taxable, under the rule laid down in Douglas v. Willcuts, 296 U. S. 1, on income distributed to his divorced wife from a trust created by them under an agreement which was subsequently confirmed as a property settlement in a divorce decree of an Iowa court. We must first determine, however, whether the decision of the Supreme Court of the United States relating to petitioner’s income tax…
2Cases cited13 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Helvering v. FitchSupreme Court of the United States · 1940
- Helvering v. LeonardSupreme Court of the United States · 1940
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3Cited by2 opinions
- Balzereit v. CommissionerUnited States Board of Tax Appeals · 1942
- Fitch v. CommissionerUnited States Board of Tax Appeals · 1941