WHITE v. COMMISSIONER

Docket No. 5834.

5 T.C. 1082 (1945)

VIRGINIA WHITE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 23, 1945.


Attorney(s) appearing for the Case

Brooks W. Maccracken, Esq., and John T. Scott, Esq., for the petitioner.

W. W. Kerr, Esq., for the respondent.


The respondent has determined a deficiency in income tax for the calendar year 1940 in the amount of $15,895.10, all but a small portion of which is in issue.

The only question for our determination is whether petitioner is taxable upon that portion of the income of a testamentary trust created by her deceased husband which she claims to have received for the support, maintenance, and education of their minor children. Some of the facts have been stipulated.

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