The terms of a will creating a trust required that 45% of the income of the trust be paid to a charitable corporation, and pursuant thereto such part of the total income of the trust for 1944 (after expenses), including long-term capital gains, was permanently set aside for such charitable use. The question is whether the trust is entitled under Section 162(a), 26 U.S.C.A. § 162(a), to deduct on the fiduciary return 45% of the full amount of the capital gains of $60...
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