Jeffrey Michael Steingold - Page 5




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          Commissioner v. Stearns, 65 F.2d 371, 373 (2d Cir. 1933).  In               
          essence, the Code is designed to impose tax on the owner of trust           
          income, and a present right to receive income is equivalent to              
          current ownership of such income.  See Freuler v. Helvering, 291            
          U.S. 35, 42 (1934).                                                         
               Respondent contends that petitioner had a present right to             
          receive income.  Petitioner contends he had no such right.                  
          Respondent relies on a line of cases which hold that income is              
          taxable to the current income beneficiary even though the trustee           
          withheld distributions to such beneficiary during the course of             
          State legal proceedings.  See United States v. Higginson, 238               
          F.2d 439 (1st Cir. 1956); Estate of Bruchmann v. Commissioner, 53           
          T.C. 403 (1969); DeBrabant v. Commissioner, 34 B.T.A. 951 (1936),           
          affd. 90 F.2d 433 (2d Cir. 1937).  In each of these cases,                  
          however, the trustee exercised discretion and was not required to           
          accumulate trust income.                                                    
               Because of the State Court order, petitioner did not have a            
          present right to receive income distributions in 1994.  See Blair           
          v. Commissioner, 300 U.S. 5 (1937)(holding that State law                   
          determines the right of the beneficiary to trust income).  The              
          State Court order represented petitioner’s rights under Virginia            
          law.  See Young v. Commissioner, 110 T.C. 297, 300 (1998)(stating           
          that Federal authorities must give “proper regard” to relevant              
          State court rulings, quoting Commissioner v. Estate of Bosch, 387           






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