SCHMIDT v. GLENN

Civil Action No. 1027.

75 F.Supp. 865 (1948)

SCHMIDT v. GLENN, Collector of Internal Revenue.

District Court, W. D. Kentucky, at Louisville.

As Amended February 21, 1948.


Attorney(s) appearing for the Case

James E. Fahey and Skaggs, Hays & Fahey, all of Louisville, Ky., for plaintiff.

Sewell Key, Acting Asst. Atty. Gen., Andrew D. Sharpe and Homer R. Miller, Sp. Assts. to Atty. Gen., and David C. Walls, U. S. Atty., and A. Roy Copeland, Asst. U. S. Atty., both of Louisville, Ky., for defendant.


SHELBOURNE, District Judge.

The question involved in this case is whether the income accruing in the years 1939, 1940, and 1941 upon two separate trust funds should be properly taxed to the Trustee of the trust funds or to plaintiff, the Donor.

The creation and terms of the trusts are evidenced by separate trust indentures dated December 1938, which are identical except as to names of the beneficiaries.

The income of the trusts, for all of the years...

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