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Archbold v. Helvering

ARCHBOLD v. HELVERING, Commissioner of Internal Revenue, and three other cases

Archbold v. Helvering, 115 F.2d 1005 (2d Cir. 1940)
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Subsequent history: rev'd sub nom. Helvering v. Reynolds, 313 U.S. 428 (1941). (read from the later opinion; check before relying)

Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
December 2, 1940
Docket
No. 39-42
Citations
115 F.2d 100525 A.F.T.R. (P-H) 11211940 U.S. App. LEXIS 3049

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

This case presents no other questions than those decided in Van Vranken v. Helvering, 2 Cir., 115 F.2d 709 , handed down herewith. It is true that here the trusts were not testamentary; but had been set up by a deed of the taxpayer’s ancestor, executed in 1910. The relevant statute is not § 113 (a) (5) of the Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 697, but § 113(a) (4) of the Act of 1932, 26 U.S. C.A. Int.Rev.Acts, page 515, and that has remained unchanged from the time of its first enactment in 1921. This might have required some separate consideration, if we had depended upon the changes in § 113(a) (5) in reaching our conclusion; but we did *1006 not. Again, there was in 1933 no regulation interpreting § 113(a) (4), but that too is not important, for we have not depended upon the regulation of 1934 in our reasoning in Van Vranken v. Helvering. Our discussion there can therefore serve here.

Orders affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1941: 21942: 11955: 11959: 11966: 11973: 119412026peak 1941 · 2

Relies on it most ⓘ

  1. Jones v. Commissioner61 T.C. 78 (Tax Ct. 1973)
  2. Helvering v. Reynolds313 U.S. 428 (1941)
  3. Dolbeer v. Harten417 P.2d 407 (Idaho 1966)
  4. Howard v. Commissioner32 T.C. 1284 (Tax Ct. 1959)
  5. Howard v. Commissioner23 T.C. 962 (Tax Ct. 1955)
  6. Archbold v. Commissioner313 U.S. 584 (1941)

Most recent

  1. Jones v. Commissioner61 T.C. 78 (Tax Ct. 1973)
  2. Dolbeer v. Harten417 P.2d 407 (Idaho 1966)
  3. Howard v. Commissioner32 T.C. 1284 (Tax Ct. 1959)
  4. Howard v. Commissioner23 T.C. 962 (Tax Ct. 1955)
  5. Walter's Trust v. Commissioner127 F.2d 101 (3d Cir. 1942)
  6. Helvering v. Reynolds313 U.S. 428 (1941)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Van Vranken v. Helvering, 115 F.2d 709 (2d Cir. 1940) 14

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