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PHIPPS v. COMMISSIONER OF INTERNAL REVENUE

No. 206.

137 F.2d 141 (1943)

PHIPPS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

June 30, 1943.

Attorney(s) appearing for the Case

Joseph M. Proskauer and B. H. Bartholow, both of New York City (Irving H. Bull and W. G. Dunnington, both of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Helen R. Carloss, and Joseph M. Jones, Sp. Assts. to the Atty. Gen., for respondent.

Before L. HAND, AUGUSTUS N. HAND and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. There can be little doubt that, within the doctrine of Helvering v. Clifford, 309 U.S. 331, 60 S.Ct. 554, 84 L.Ed. 788, the corporate trustee is not to be regarded as independent and that the situation must be considered as if, in effect, the taxpayer and the wife were the two trustees named in, and acting under, the trust instrument. See Commissioner v. Barbour, 2 Cir., 122 F.2d 165

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