HELVERING v. STUART

No. 49.

317 U.S. 154 (1942)

HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. R. DOUGLAS STUART.

Supreme Court of United States.

Decided November 16, 1942.


Attorney(s) appearing for the Case

Assistant Attorney General Clark, with whom Solicitor General Fahy and Messrs. Sewall Key, L.W. Post, and Valentine Brookes were on the briefs, for petitioner.

Messrs. Herbert Pope (in Nos. 48 and 49) and George I. Haight (in No. 48) argued the cause, and Messrs. Benjamin M. Price and William D. McKenzie were with them on the briefs, for respondents.


MR. JUSTICE REED delivered the opinion of the Court.

These petitions for certiorari bring here the liability of each respondent for increased income taxes for the years 1934 and 1935. A deficiency was determined by the Commissioner for each year because of the taxpayers' failure to include in their return income from various trusts previously created by them for the benefit of their children.

The taxpayers are brothers, residents of Illinois. In 1930 John...

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