Fidelity-Philadelphia Trust Co. v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Third Circuit February 14, 1945

Fidelity-Philadelphia Trust Co. v. Commissioner of Internal Revenue, 147 F.2d 290 (3d Cir. 1945)

33 A.F.T.R. (P-H) 667; 1945 U.S. App. LEXIS 4359

Opinion of the Court

PER CURIAM.

The decision of the Tax Court, 3 T.C. 670, as against the trustee is affirmed on authority of Baur v. Commissioner, 3 Cir., 145 F.2d 338; Fidelity Trust Co. v. Commissioner, 3 Cir., 141 F.2d 54. We think, also, that as against the beneficiary of the trust it should be affirmed. See Commissioner v. Hart, 3 Cir., 106 F.2d 269, 271. It is not necessary to discuss the latter *291proposition at length, since the judgment against the trustee renders the judgment against the beneficiary unimportant in this case.

Affirmed.

Reference

Full Case Name: FIDELITY-PHILADELPHIA TRUST COMPANY, Alleged Trustee and Transferee v. COMMISSIONER OF INTERNAL REVENUE, Respondent Samuel T. BODINE, Alleged Transferee and Donee v. SAME
Status: Published