PLIMPTON v. COMMISSIONER OF INTERNAL REVENUE

No. 3814.

135 F.2d 482 (1943)

PLIMPTON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

May 5, 1943.


Attorney(s) appearing for the Case

Guy Newhall, of Lynn, Mass., and Francis G. Goodale and Faneuil Adams, both of Boston, Mass., for petitioner.

Samuel H. Levy, Samuel O. Clark, Jr., Sewall Key, Joseph M. Jones, J. P. Wenchel, and John W. Smith, all of Washington, D. C., for Commissioner of Internal Revenue.

Before MAHONEY and WOODBURY, Circuit Judges, and PETERS, District Judge.


WOODBURY, Circuit Judge.

This is a petition for review of a decision of the Board of Tax Appeals, now the Tax Court of the United States, sustaining the Commissioner's determination of a deficiency in the petitioner's income tax for the calendar year 1937.

The only question presented is as to the amount of taxable income which the petitioner received from a trust created on December 31, 1931, of which he was both a trustee and a beneficiary. The events leading...

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