Dupont v. Commissioner, 289 U.S. 685 (1933)

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 289 U.S. 670, click here.

DuPont v. Commissioner of Internal Revenue


No. 791


Argued May 10, 1933
Decided May 29, 1933
289 U.S. 685

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. Section 219(h) of the Revenue Acts of 1924 and 1926, taxing incomes of trust funds as income of the settlor, when applied to payment of premiums on policies insuring his life for the benefit of the trust beneficiaries, held valid under Burnet v. Wells, ante p. 670. P. 687.

2. One who conveys securities in trust to keep up insurance on his life for the benefit of others, but reserves the right to retake the securities at the end of a stated period if he survives, retains such an interest in the securities, apart from his interest in having the premiums paid, that the income from the securities applied to the premiums during the trust period may constitutionally be taxed as his own. P. 688.

63 F.2d 44 affirmed.

Certiorari to review a judgment which affirmed a decision, 20 B.T.A. 482, sustaining an assessment on income.