¶1dissenting: As I understand it, a regulation has the force and effect of law, unless it is an unreasonable interpretation of the statute. I agree with Judge Raum that these cases are covered by the regulation, and I do not understand from the opinion that the majority of the Court necessarily thinks otherwise. It is accordingly my opinion that we may not decide these cases contrary to the regulation, without finding and concluding that the regulation is an unreasonable interpretation of the statute. And it is not enough merely to conclude that they are distinguishable from and not controlled by the decision of the Supreme Court in Helvering v. Clifford, 309 U. S. 331. but are controlled by our decision in Mary Louise Bok, 46 B. T. A. 678, decided prior to the promulgation of the said regulation.
17 T.C. 1357
Clark v. Commissioner
Decided February 20, 1952
United States Tax Court · decided 1952-02-20
Petitioners are settlors of irrevocable trusts which, as extended on December 1, 1942, were to run in each case for a period of at least 9 years. Held: none of the income of the trusts was taxable to petitioners. The income did not belong to them and they reserved no power of control over either the corpus or income during the 9-year irrevocable terms of the trusts.
Cited by 1 later decisions — most recently October 1962
Relies on Helvering v. Clifford · Bok v. Commissioner
Good law ✅— No negative treatment on recordhow we know
Decision will be entered under Rule 50 in Docket No · Decided 1952-02-20
View the full empirical analysis of this case →