JONES v. COMMISSIONER

Docket No. 94347.

25 T.C.M. 701 (1966)

T.C. Memo. 1966-136

Donald B. Jones and Beverly V. Jones v. Commissioner.

United States Tax Court.

Filed June 20, 1966.


Attorney(s) appearing for the Case

Donald B. Jones, 774 Broad St., Newark, N. J., and Frank W. Hoak, for the petitioners. Donald H. Cuozzo, for the respondent.


Memorandum Findings of Fact and Opinion

SCOTT, Judge:

Respondent determined deficiencies in petitioners' income tax for the calendar years 1957 and 1959 in the amounts of $1,981.28 and $1,286.23, respectively.

The sole issue is whether, and if so, to what extent, gain realized by petitioners upon the transfer of remainder interests in each of two trusts after the death of the life tenants but prior to distribution, constitutes ordinary income.

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