SUNDERLAND v. COMMISSIONER OF INTERNAL REVENUE

No. 8839.

151 F.2d 675 (1945)

SUNDERLAND v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided September 28, 1945.


Attorney(s) appearing for the Case

Montgomery B. Angell, of New York City (George Craven, of New York City. on the brief), for petitioner on review.

Muriel S. Paul, of Washington, D.C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to the Atty.Gen., on the brief), for respondent.

Before DOBIE, GOODRICH, and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Petitioner, her husband and their two children are residents of New Jersey. In 1934 the husband created two identical trusts in favor of the children. Article 1, referring to income, says: "1. To collect and receive the rents, interest, income and dividends thereon, hereinafter referred to as income, and to pay or apply the net income therefrom, after deducting all proper charges and expenses to or for the use of Joan Sunderland during her...

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