Clark v. Commissioner of Internal Revenue

BUFFINGTON, Circuit Judge.

In this income tax case, by confining our attention to the individual facts of the case and the sole question involved, we avoid discussion of the many and somewhat conflicting decisions based on the individual facts of those cases, which are not those of this case. Now the facts in this case, about which there is no dispute, are these:

Percy H. Clark, the appellant income taxpayer, who lived in Pennsylvania, on December 30, 1924, created an irrevocable trust for each of his eight children and made the Willoughby Company trustee. The latter administered the trust in…