Smietanka v. First Trust & Savings Bank, 257 U.S. 602 (1922)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 257 U.S. 591, click here.

Smietanka v. First Trust & Savings Bank

No. 540

Argued January 19, 1922
Decided February 27, 1922
257 U.S. 602

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

1. The Income Tax Act of 1913 made no provision for taxing income held and accumulated by a trustee for unborn and unascertained beneficiaries. P. 605.

2. Semble that the specific inclusion of such income by the Act of 1916 was a legislative interpretation of the earlier act as not including it. P. 607.

Affirmed.

Certiorari to a judgment of the circuit court of appeals affirming a judgment of the district court for the present respondent, in an action to recover a tax. The district court had first sustained a demurrer to the declaration, but later, pursuant to a mandate of reversal (see 268 F. 2.30), overruled it and rendered judgment against the present petitioner, who stood upon the demurrer. The case then went again to the court below, and the judgment was affirmed.