Opinion · Court of Appeals for the Sixth Circuit

Wenger v. Commissioner of Internal Revenue

Wenger v. Comm’r of Internal Revenue, 127 F.2d 523 (6th Cir. 1942)

Type
Opinion
Court
Court of Appeals for the Sixth Circuit
Jurisdiction
Federal
Date
1942-04-07
Topic
general

PER CURIAM. This case came on to be heard upon the records and briefs and oral argument of counsel. And it appearing that the petitioner created a trust under which she and her children were beneficiaries, the income of which, together with the corpus, might be distributed in amounts within the discretion of the trustee, when requested in writing by petitioner or any of her children, in case “any accident, sickness, calamity, misfortune, adversity, bereavement or loss, financially or otherwise,” should befall them; And it appearing that the trustee, who is petitioner’s nephew and has been her trusted adviser since 1916, has no substantial adverse interest in the disposition of the income or corpus of the trust property (Sections 166 and 167, Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Code, §§ 166, 167); Reinecke v. Smith, 289 U.S. 172, 53 S.Ct. 570, 77 L.Ed. 1109; Altmaier v.

Citator

UpLaw has not yet analyzed Wenger v. Commissioner of Internal Revenue. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions