SAULSBURY v. UNITED STATES

No. 13909.

199 F.2d 578 (1952)

SAULSBURY v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

November 10, 1952.


Attorney(s) appearing for the Case

James A. Dixon, Miami, Fla., John G. Rauch, Indianapolis, Ind., for appellant.

Carolyn R. Just, Sp. Assts. to Atty. Gen., Elizabeth B. Davis, Lee A. Jackson, Ellis N. Slack, Acting Asst. Atty. Gen., Ernest L. Duhaime, Asst. U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


HOLMES, Circuit Judge.

This is the question presented: Whether the net income of a trust, distributable currently to the beneficiary within the meaning of Section 162(b) of the Internal Revenue Code, 26 U.S.C.A. § 162(b), is income taxable to the beneficiary even though it was not actually received by her but was used by the trustee under an order of the state court to pay a loan, the proceeds of which were used to pay federal estate taxes on the corpus of the...

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