SMIETANKA v. FIRST TRUST & SAVGS. BANK

No. 540.

257 U.S. 602 (1922)

SMIETANKA, AS COLLECTOR OF INTERNAL REVENUE OF THE UNITED STATES FOR THE FIRST DISTRICT OF ILLINOIS, v. FIRST TRUST & SAVINGS BANK, TRUSTEE OF YOUNG, DECEASED.

Supreme Court of United States.

Decided February 27, 1922.


Attorney(s) appearing for the Case

Mr. Assistant Attorney General Ottinger, with whom Mr. Solicitor General Beck and Mr. Charles H. Weston, Special Assistant to the Attorney General, were on the brief, for petitioner.

Mr. John P. Wilson, with whom Mr. William B. Hale and Mr. Walter Bruce Howe were on the brief, for respondent.


MR. CHIEF JUSTICE TAFT delivered the opinion of the court.

The question presented for decision is whether, under the Income Tax Law of 1913, income held and accumulated by a trustee for the benefit of unborn and unascertained persons was taxable. The accumulations of income were $789,905.65 for the years 1913, 1914 and 1915, and the tax collected by the petitioner as Collector, and paid under protest by the trustee, the respondent, amounted to $36,638.69. Respondent...

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