United States Supreme Court Cases & Opinions

U.S. Supreme Court

Corliss v. Bowers, 281 U.S. 376 (1930)

Corliss v. Bowers

No. 344

Argued April 15, 16, 1930

Decided April 28, 1930

281 U.S. 376

Syllabus

1. Taxation is not so much concerned with the refinements of title as it is with actual command over the property taxed, the actual benefit for which the tax is paid. P. 281 U. S. 378.

2. The income that is subject to a man's unfettered command and that he is free to enjoy at his own option may be taxed to him as his income, whether he sees fit to enjoy it or not. P. 281 U. S. 378.

3. Under § 219, (g), (h), of the Revenue Act of 1924, the income from a fund that has been transferred to trustees, in trust to lay the income to the donor's wife for life with remainder over to their children, is to be included in computing his net income if he has reserved the power to alter or abolish the trust at will, and this applies to income actually paid over to the wife in the tax year. P. 281 U. S. 377.

34 F.2d 656 affirmed.

Certiorari, 280 U. S. 543, to review a judgment of the circuit court of appeals which affirmed the district court, 30 F.2d 135, in dismissing an action to recover money paid as income taxes.

Page 281 U. S. 377