United States Supreme Court Cases & Opinions

U.S. Supreme Court

Old Colony Trust Co. v. Commissioner, 301 U.S. 379 (1937)

Old Colony Trust Co. v. Commissioner of Internal Revenue

No. 703

Argued April 29, 30, 1937

Decided May 17, 1937

301 U.S. 379

Syllabus

1. In the computation of the net income of a trust, § 162 of the Revenue Act of 1928 allows deduction of any part of the gross income, without limitation, which, "pursuant to" the terms of the deed creating the trust, is during the tax year paid to charities, etc. Held that payments are "pursuant to" the deed when authorized, though not imperatively directed, by it. P. 301 U. S. 383. 2. "Pursuant to" is defined. P. 383.

Page 301 U. S. 380

3. In order that deduction may be allowed, the trust need not show affirmatively that charitable contributions from gross income were actually paid out of income of the year in which they were made. P. 301 U. S. 384.

4. It is the policy of Congress to encourage charitable contribution. P. 301 U. S. 384.

87 F.2d 131 reversed.

Certiorari, 300 U.S. 650, to review a judgment reversing, upon appeal, a decision (33 B.T.A. 311) which had in part sustained, and in part overruled, a deficiency income tax assessment.