De Reuter v. Commissioner
United States Board of Tax Appeals
Where the testator bequeathed to petitioner an annuity and where his will contained no direction to pay the annuity out of the income of his estate, held, that the moneys received by petitioner as payments of his annuity is exempt from income tax, under the provisions of section 213(b)(3) of the Revenue Act of 1921.
1Opinion of the Court
*604OPINION.
MilltkeN:
In view of the conclusion which we have reached, we find it necessary to discuss but one question and that is, whether the annuities received by the petitioners under the will of James Gordon Bennett constitute income which is taxable by reason of the provisions of the Revenue Act of 1921. The applicable provisions of that Act are:
Sec. 213. That for the purposes of this title (except as otherwise provided in section 233) the term “gross income”-—(a) Includes gains, profits, and income derived from salaries, wages, or compensation for personal service (including in the case of…
2Cases cited14 opinions
- Irwin v. GavitSupreme Court of the United States · 1925
- Merchants' Loan & Trust Co. v. SmietankaSupreme Court of the United States · 1921
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Kearney v. . CruikshankNew York Court of Appeals · 1889
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3Cited by8 opinions
- Guaranty Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Union Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1940
- Clise v. CommissionerUnited States Board of Tax Appeals · 1940
- Coleman v. CommissionerCourt of Appeals for the Third Circuit · 1945
- De Reuter v. CommissionerUnited States Board of Tax Appeals · 1927
3 more not listed; retrieve them via the Exa API.