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McGINLEY v. COMMISSIONER OF INTERNAL REVENUE

No. 7793.

80 F.2d 692 (1935)

McGINLEY v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

December 20, 1935.

Attorney(s) appearing for the Case

Lawrence Tarlton, of Fort Worth, Tex., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Berryman Green, and Maurice J. Mahoney, Sp. Assts. to the Atty. Gen., for respondent.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

Petitioner, as trustee for five minor children of herself and William McGinley, under a trust instrument executed by William McGinley on February 1, 1926, received as income, in the year 1926, $75,000 and, in the year 1929, $39,999.70. In her fiduciary return of income for each of those years, petitioner reported the total amount of income received, but treated it as having been received under five trusts, instead of one, one-fifth of the total...

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