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Irwin v. Gavit
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Irwin v. Gavit : ウィキペディア英語版
Irwin v. Gavit

''Irwin v. Gavit'', , was a case before the U.S. Supreme Court regarding the taxability, under United States tax law, of a divided interest in a bequest. It is notable (and thus appears frequently in law school casebooks) for the following holding:
:
*A bequest of income from property held in trust is taxable, even where the bequest of the entire corpus of the trust would be excluded as a gift.
==Facts and procedural history==

Under Anthony N. Brady's will, a sixth of his estate would be held in trust for his granddaughter until she turned 21. During this period, her father would receive some of the income on this principal—in other words, he held an income interest in a testamentary trust for 15 years, with the remainder to his daughter.
The Collector viewed these payments as income, because they constituted the income on principal. Plaintiff argued they were exempt under §102(a) as property acquired by bequest.
He sued the Commissioner of Internal Revenue (Irwin) in the United States District Court for the Northern District of New York, which found for the plaintiff. The Second Circuit affirmed. The Commissioner appealed to the Supreme Court.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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