Flynn v. Commissioner
United States Board of Tax Appeals
The Chamberlain of the City of New York is taxable as trustee for remaindermen where he holds and invests a fund under court orders until such time as the court can determine those who are entitled to the fund awarded as compensation for a remainder interest in land taken by right of eminent domain.
1Opinion of the Court
OPINION.
MuRdock: The Commissioner determined the following deficiencies against “ City Chamberlain, Acting in Capacity of Trustee for Remaindermen, u/w Robert Swift Livingston, Room 860 Municipal Building, New York, New York ”:
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The principal points urged by the petitioner are (1) that he is not a taxable person, and (2) the amounts received were not taxable income. A brief summary of the facts which have been stipulated will suffice here.
*1330Robert Swift Livingston died on February 25, 1867. He owned certain land in the City of New York at the time of his death, which under his will,…
2Cases cited4 opinions
- Eisner v. MacOmberSupreme Court of the United States · 1920
- Merchants' Loan & Trust Co. v. SmietankaSupreme Court of the United States · 1921
- Matter of TuckerNew York Court of Appeals · 1920
- Tucker v. BingamanAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Eustis v. CommissionerUnited States Board of Tax Appeals · 1934
- Flynn v. CommissionerUnited States Board of Tax Appeals · 1931