Klein v. Commissioner

Third Circuit

Klein v. Commissioner

154 F.2d 58, 34 A.F.T.R. (P-H) 1082, 1946 U.S. App. LEXIS 3707

CourtCourt of Appeals for the Third Circuit

DecidedFebruary 25, 1946

DocketNo. 9021

StatusPublished

Cited by2 cases

This text of 154 F.2d 58 (Klein v. Commissioner) 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.

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Klein v. Commissioner, 154 F.2d 58, 34 A.F.T.R. (P-H) 1082, 1946 U.S. App. LEXIS 3707 (3d Cir. 1946).

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Opinion

PER CURIAM.

The sole question involved in this case is whether the taxpayer retained sufficient control over a trust fund which he created to justify the Commissioner in taxing him as the owner of the trust income under Section 22(a) of 'the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 22(a), as construed in Helvering v. Clifford, 1940, 309 U.S. 331, 60 S.Ct. 554, 84 L.Ed. 788. The Tax Court found that the taxpayer “was, in reality, the owner of this income during the taxable year.” While this is, as the taxpayer urges, a conclusion drawn by the Tax Court from the evidential facts, it is one which we think this court is not at liberty to review. Dobson v. Commissioner, 1943, 320 U.S. 489, 64 S.Ct. 239, 88 L.Ed. 248; John Kelley Co. v. Commissioner, 1946, 66 S.Ct. 299.

The decision of the Tax Court is affirmed.

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PER CURIAM.

The sole question involved in this case is whether the taxpayer retained sufficient control over a trust fund which he created to justify the Commissioner in taxing him as the owner of the trust income under Section 22(a) of 'the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 22(a), as construed in Helvering v. Clifford, 1940, 309 U.S. 331, 60 S.Ct. 554, 84 L.Ed. 788. The Tax Court found that the taxpayer “was, in reality, the owner of this income during the taxable year.” While this is, as the taxpayer urges, a conclusion drawn by the Tax Court from the evidential facts, it is one which we think this court is not at liberty to review. Dobson v. Commissioner, 1943, 320 U.S. 489, 64 S.Ct. 239, 88 L.Ed. 248; John Kelley Co. v. Commissioner, 1946, 66 S.Ct. 299.

The decision of the Tax Court is affirmed.

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154 F.2d 58, 34 A.F.T.R. (P-H) 1082, 1946 U.S. App. LEXIS 3707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-commissioner-ca3-1946.

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