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U.S. TRUST CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 169.

296 U.S. 481 (1936)

56 S.Ct. 329

80 L.Ed. 340

UNITED STATES TRUST COMPANY OF NEW YORK, TRUSTEE, v. COMMISSIONER OF INTERNAL REVENUE.

Supreme Court of United States.

Decided January 6, 1936.

Attorney(s) appearing for the Case

Mr. Clay Judson for petitioner.

Mr. J. Louis Monarch, with whom Solicitor General Reed, Assistant Attorney General Wideman, and Mr. Sewall Key were on the brief, for respondent.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

Petitioner is trustee under a trust created by John P. Wilson, in 1913, for the benefit of his three children. Under a reserved power, the trust was four times amended. The sole question is whether the amendments created three separate trusts. The question arises in relation to the taxation of income. If there is but a single trust, as the Commissioner of Internal Revenue ruled, an additional tax would be...

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