Girard Trust Corn Exchange Bank, as Trustee of a Trust Under Deed of Albert R. Gallatin Welsh Dated March 19, 1935 v. Commissioner of Internal Revenue

Third Circuit

Girard Trust Corn Exchange Bank, as Trustee of a Trust Under Deed of Albert R. Gallatin Welsh Dated March 19, 1935 v. Commissioner of Internal Revenue

194 F.2d 708, 41 A.F.T.R. (P-H) 860, 1952 U.S. App. LEXIS 4241

CourtCourt of Appeals for the Third Circuit

DecidedFebruary 27, 1952

Docket10580

StatusPublished

Cited by7 cases

This text of 194 F.2d 708 (Girard Trust Corn Exchange Bank, as Trustee of a Trust Under Deed of Albert R. Gallatin Welsh Dated March 19, 1935 v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Girard Trust Corn Exchange Bank, as Trustee of a Trust Under Deed of Albert R. Gallatin Welsh Dated March 19, 1935 v. Commissioner of Internal Revenue, 194 F.2d 708, 41 A.F.T.R. (P-H) 860, 1952 U.S. App. LEXIS 4241 (3d Cir. 1952).

Pincite

Opinion

PER CURIAM.

The questions presented here are (1) whether payments from the principal of a trust, created by her deceased husband during his lifetime, to a divorced wife under a separation agreement and divorce decree, are taxable as income to her under Section 22(k) of the Internal Revenue Code, 1 and (2) whether a payment in a lump sum of arrears in the monthly amounts provided under the separation agreement and divorce decree, constituted “fixed or determinable annual or periodical” income from sources within the United States, taxable to the divorced wife, a nonresident alien, under Section 211(a) (1) (A), 2 and as such was subject to withholding tax under Section 143(b). 3 The Tax Court ruled in the affirmative on the two questions and we are in complete accord with its disposition for the reasons so well stated in its opinion, 16 T:C. 1398.

The decision of the Tax Court will be •affirmed.

1

. 26 U.S.0.1946 ed. § 22.

2

. 26 U.S.C.1946 ed. § 211.

3

. 26 U.S.C.1946 ed. § 143.

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PER CURIAM.

The questions presented here are (1) whether payments from the principal of a trust, created by her deceased husband during his lifetime, to a divorced wife under a separation agreement and divorce decree, are taxable as income to her under Section 22(k) of the Internal Revenue Code, 1 and (2) whether a payment in a lump sum of arrears in the monthly amounts provided under the separation agreement and divorce decree, constituted “fixed or determinable annual or periodical” income from sources within the United States, taxable to the divorced wife, a nonresident alien, under Section 211(a) (1) (A), 2 and as such was subject to withholding tax under Section 143(b). 3 The Tax Court ruled in the affirmative on the two questions and we are in complete accord with its disposition for the reasons so well stated in its opinion, 16 T:C. 1398.

The decision of the Tax Court will be •affirmed.

1

. 26 U.S.0.1946 ed. § 22.

2

. 26 U.S.C.1946 ed. § 211.

3

. 26 U.S.C.1946 ed. § 143.

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Bluebook (online)

194 F.2d 708, 41 A.F.T.R. (P-H) 860, 1952 U.S. App. LEXIS 4241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/girard-trust-corn-exchange-bank-as-trustee-of-a-trust-under-deed-of-albert-ca3-1952.

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