Loew v. Commissioner
United States Tax Court
1. Petitioner created three irrevocable trusts for the benefit of his three minor children, naming his brother as trustee. Trusts were to continue until his two sons reached age of thirty, and until his daughter reached age of thirty-five. Income, after expenses, was to be paid to beneficiaries, and upon termination of trusts they were to receive the corpus.
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1. Petitioner created three irrevocable trusts for the benefit of his three minor children, naming his brother as trustee. Trusts were to continue until his two sons reached age of thirty, and until his daughter reached age of thirty-five. Income, after expenses, was to be paid to beneficiaries, and upon termination of trusts they were to receive the corpus. Petitioner reserved the power to direct the accumulation of trust income during minority of beneficiaries; to remove the trustee and appoint a successor; to control trust investments; and as parent of beneficiaries to receive, on their…
1Opinion of the Court
OPINION.
HaRlan, Judge:
On the question of the taxability of the settlor of the three trusts herein involved for the income of those trusts, the respondent submits that the petitioner did not effect a substantial change in his economic status or ownership of the property transferred in trust by the declarations of trust dated August 5, 1935. Respondent contends further that under the terms of the trust instruments the petitioner retains such broad powers of control over both the trust corpus and the income thereof that the income is taxable to the petitioner under section 22 (a) of the Internal…
2Cases cited10 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. StuartSupreme Court of the United States · 1942
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- McFaddin v. CommissionerUnited States Tax Court · 1943
- Cammack v. CommissionerUnited States Tax Court · 1945
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Shapero v. CommissionerUnited States Tax Court · 1947
- Welch v. CommissionerUnited States Tax Court · 1947
- Herberts v. CommissionerUnited States Tax Court · 1948
- Foster v. CommissionerUnited States Tax Court · 1947
- Schwartz v. CommissionerUnited States Tax Court · 1954
23 more not listed; retrieve them via the Exa API.