Opinion

Hyde v. Commissioner

  • 31 B.T.A. 256
  • 1934 BTA LEXIS 1131
Court
United States Board of Tax Appeals
Filed
Oct 3, 1934
Status
Published
Author
Fossan
On the bench
Fossan, Smith
Cited by
3 cases

The opinion

VaN FossaN,

dissenting: I am unable to agree with -the ruling of the majority of the Board. It seems clear that the trust in question brings the instant case within the reasoning of the Court of Appeals for the Eighth Circuit in Willcuts v. Douglas, 73 Fed. (2d) 130, where the court held that such a trust relieved the trustor of the payment of legal obligations he was bound to meet and thus directly benefited him. Any other decision points the way to the evasion of taxes justly due.

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