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FRANK'S TRUST OF 1931 v. COMMISSIONER OF INTERNAL REVENUE

No. 9496.

165 F.2d 992 (1948)

FRANK'S TRUST OF 1931 et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided February 9, 1948.

Attorney(s) appearing for the Case

Louis Caplan, of Pittsburgh, Pa. (Sachs & Caplan, of Pittsburgh, Pa., on the brief), for petitioners.

George A. Stinson, of Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Helen R. Carloss, and Newton K. Fox, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before GOODRICH, McLAUGHLIN, and KALODNER, Circuit Judges.

PER CURIAM.

This case presents the question of whether the Tax Court erred in upholding the Commissioner's disallowance of a deduction from the gross income of a trust estate for the year 1940. The claimed deduction was proper only if the trust agreement required the trustees to distribute the income currently or such sums were actually "properly paid or credited during such year to [the beneficiaries]." Int.Rev. Code §§ 162(b), 162(c), 26 U.S.C.A. Int.Rev...

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