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ROBINSON v. STATE

No. 20238.

392 P.2d 606 (1964)

Gwynn H. ROBINSON and Catherine M. Krentler, formerly Catherine M. Robinson, Plaintiffs in Error, v. The STATE of Colorado and Robert A. Theobald, Director of Revenue of the State of Colorado, Defendants in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing June 15, 1964.

Attorney(s) appearing for the Case

Holland & Hart, Claude M. Maer, Jr., Ben E. Chidlaw, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Richard L. Eason, Asst. Atty. Gen., Floyd B. Engeman, Sp. Asst. Atty. Gen., Denver, for defendants in error.

FRANTZ, Justice.

We are asked by this writ of error to reverse the negative resolution of the sole question involved in this case and put to itself by the district court: "Is a beneficiary of a trust entitled to a claim of deduction for federal income tax paid on account of a distribution from the trust which is reported on federal returns as taxable income, but which is reported on Colorado returns as principal and not taxable...

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