Opinion
No. 11706.
January 23, 1947.
Petition for Review of Decision of the Tax Court of the United States (District of Texas).
Petition by Phillip Bordages Estate Trust, petitioner, against Commissioner of Internal Revenue, for review of a decision of the Tax Court of the United States determining that there were deficiencies in petitioner's income tax, on ground that the petitioner was an association taxable as a corporation because members of family having undivided interest in realty and oil and mineral leases, conveyed realty in trust for term of 25 years, and trustees were empowered to carry on any business on behalf of trust and sell and lease trust property and make oil and mineral leases and pay over income to beneficiaries and that trustees entered into various transactions.
Decision affirmed.
R.B. Cannon, of Fort Worth, Tex., and Will E. Orgain, of Beaumont, Tex., for petitioner.
Douglas W. McGregor, Asst. Atty. Gen., Sewall Key, Robert N. Anderson, and Melva M. Graney, Sp. Assts. to the Atty. Gen., J.P. Wenchel, Chief Counsel, Bur. Int. Rev., and Rollin H. Transue, Sp. Atty., Bur. Int. Rev., both of Washington, D.C., for respondent.
Before McCORD, WALLER, and LEE, Circuit Judges.
The Tax Court correctly determined that the petitioner is an association taxable as a corporation under Section 3797(a)(3) of the Internal Revenue Code, 26 U.S.C.A.Int. Rev. Code, § 3797(a) (3). Morrissey v. Commissioner, 296 U.S. 344, 56 S.Ct. 289, 80 L.Ed. 263; Swanson v. Commissioner, 296 U.S. 362, 56 S.Ct. 283, 80 L.Ed. 273; Helvering v. Coleman-Gilbert Associates, 296 U.S. 369, 56 S.Ct. 285, 80 L.Ed. 278; Helvering v. Combs, 296 U.S. 365, 56 S.Ct. 287, 80 L.Ed. 275; Keating-Snyder Trust v. Commissioner, 5 Cir., 126 F.2d 860.
The decision of the Tax Court is
Affirmed.