Oppenheimer v. Commissioner
United States Tax Court
1. The petitioner's father created a trust of which the petitioner was one of the two trustees. The petitioner, as trustee, was given the power, in her absolute and uncontrolled discretion, to designate the person or persons in a stated group who were to receive the trust income covered by Article II of the trust instrument, being the income from an undivided two-thirds of trust corpus.
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1. The petitioner's father created a trust of which the petitioner was one of the two trustees. The petitioner, as trustee, was given the power, in her absolute and uncontrolled discretion, to designate the person or persons in a stated group who were to receive the trust income covered by Article II of the trust instrument, being the income from an undivided two-thirds of trust corpus. As defined in the trust instrument, such group included the petitioner, and also petitioner's mother, provided the father at the time and during the term of such designation was not under a legal duty to…
1Opinion of the Court
OPINION.
Turner, Judge:
The question is whether the income covered by Article II 'of the trusts created by petitioner’s father and mother was taxable to her.
The contentions and claims of the parties, both as to fact and law, have in some instances been very loosely made. One contention of the respondent is based on a factual premise that the petitioner received tlie Article I income of the two trusts by her own appointment, and the contention is that since the appointment of Article II income was likewise within her sole discretion and said article specifically declared that “in any event” she…
2Cases cited7 opinions
- Corliss v. BowersSupreme Court of the United States · 1930
- Carrier v. . CarrierNew York Court of Appeals · 1919
- In Re the Will of FowlesNew York Court of Appeals · 1918
- Haas v. HaasNew York Court of Appeals · 1948
- Rogers v. . RogersNew York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kralstein v. CommissionerUnited States Tax Court · 1962
- Security-First Natlional Bank v. United StatesDistrict Court, S.D. California · 1960
- United States v. De HarditDistrict Court, E.D. Virginia · 1954
- Altama Delta Corp. v. CommissionerUnited States Tax Court · 1995
- Lewis v. United StatesDistrict Court, E.D. California · 1996
5 more not listed; retrieve them via the Exa API.