CECELIA K. FRANK TRUST v. COMMISSIONER

Docket No. 7812.

8 T.C. 368 (1947)

CECELIA K. FRANK TRUST OF 1931, ROBERT J. FRANK, WILLIAM K. FRANK AND FRANK R. S. KAPLAN, CO-TRUSTEES, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated February 20, 1947.


Attorney(s) appearing for the Case

Louis Caplan, Esq., for the petitioner.

S. L. Drexler, Esq., for the respondent.


Respondent has determined a deficiency of $12,987.39 in income tax for the calendar year 1940. The error assigned is respondent's action in disallowing as a deduction for the year 1940, $30,000 asserted by petitioner to have been "properly paid or credited during such year" to certain beneficiaries of the trust, under section 162 (c) of the Internal Revenue Code. The parties have stipulated certain facts, which are so found. Facts hereinafter set out which are not included...

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