Opinion

Suhr v. Commissioner

  • 41 B.T.A. 1270
  • 1940 BTA LEXIS 1069
Court
United States Board of Tax Appeals
Filed
May 29, 1940
Status
Published
Author
Mukdock
On the bench
Akundell, Mukdock, Opper
Cited by
0 cases
Authority
More cited than 10.7%

The opinion

Mukdock,

dissenting: The entire net income of the trust was payable to the petitioner’s wife for life. There was absolutely no restriction placed upon her use of that income. A gift tax was paid upon the transfer. The facts further show that the petitioner has at all times maintained a home for his wife and family and has maintained and supported them fully. None of the income of the trust was used or was required to be used for maintenance, education, or support of the wife or children. The doctrine of Douglas v. Will cuts, 296 U. S. 1 , does not apply under such circumstances.

Akundell agrees with this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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