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Irwin v. Gavit

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Irwin v. Gavit
by Oliver Wendell Holmes, Jr.
Syllabus
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Irwin v. Gavit, 268 U.S. 161 (1925), 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.

872033Irwin v. Gavit — SyllabusOliver Wendell Holmes, Jr.

United States Supreme Court

268 U.S. 161

Irwin  v.  Gavit

 Argued: April 15, 1925. --- Decided: April 27, 1925

The Attorney General and Mr. Solicitor General Beck, of Washington, D. C., for petitioner.

[Argument of Counsel from pages 161-163 intentionally omitted]

Mr. Neile F. Towner, of Albany, N. Y., for respondent.

[Argument of Counsel from pages 163-165 intentionally omitted]

Mr. Justice HOLMES delivered the opinion of the Court.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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