Hanson v. Birmingham
Decision Date | 29 July 1950 |
Docket Number | Civ. No. 604. |
Citation | 92 F. Supp. 33 |
Parties | HANSON v. BIRMINGHAM, Collector of Internal Revenue for District of Iowa. |
Court | U.S. District Court — Northern District of Iowa |
COPYRIGHT MATERIAL OMITTED
O. L. Dykstra, Des Moines, Iowa, for plaintiff.
T. E. Diamond, U. S. District Atty., Sioux City, Iowa, William B. Danforth, Asst. U. S. Dist. Atty., Sioux City, Iowa, Ruppert Bingham, Special Asst. to Atty. Gen., for defendant.
A partnership income tax case in which the plaintiff seeks refund of federal income taxes for the calendar years 1943, 1944, and 1945 in the respective amounts of $17,854.36, $11,877.85, and $13,607.63. The plaintiff made timely request for a jury trial as to those issues properly triable to a jury. The parties stipulated that there were certain issues having to do with the relation of a trust to the partnership in question and the matter of consent to the admission of a claimed partner, which should be determined by the Court in advance of the trial of any issues to a jury. The parties stipulated to the facts that they deemed relevant to the issues involved.
For several years prior to January 1, 1920, one S. Hanson, of Boone, Iowa, had been engaged as sole owner in the wholesale and retail lumber business in the City of Boone and in a number of other cities and towns in the State of Iowa under the name of S. Hanson Lumber Company.
On January 1, 1920, S. Hanson transferred a ¼ interest in that business to his wife, Emma Hanson; a ¼ interest to his son, R. M. Hanson, and a ¼ interest to his daughter, Elsie Hanson. He retained a ¼ interest for himself. A partnership was then formed composed of S. Hanson, Emma Hanson, R. M. Hanson and Elsie Hanson. Elsie Hanson subsequently married one William L. Olson. That partnership with those partners carried on the business of the partnership under the name of S. Hanson Lumber Company until February 23, 1923. The partnership agreement provided for an equal sharing in the profits and losses; that the active management of the business should be by S. Hanson and R. M. Hanson and that it should continue until dissolved by the mutual agreement of the parties. On February 23, 1923, S. Hanson died testate a resident of the State of Iowa. In his will he devised and bequeathed the property belonging to him as follows:
To Emma Hanson, his wife, an undivided ¼;
To R. M. Hanson, his son, a life estate in an undivided ¼ with remainder over;
To Elsie Hanson Olson, his daughter, a life estate in an undivided ¼ with remainder over;
To Emma Hanson and R. M. Hanson, as Trustees, an undivided ¼ to be held by them in trust for the benefit of Sigrid Hanson, a mentally incompetent daughter, during her lifetime with remainder over.
In his will S. Hanson referred to his ¼ interest in the partnership and expressed the will and desire that the business of the partnership be continued in the same manner as theretofore and that his ¼ interest which he had devised and bequeathed, as set out above, should remain in the business.
The will of S. Hanson was duly admitted to probate. Following the probate thereof, the interests in the partnership assets of S. Hanson Lumber Company were as follows:
Emma Hanson, an undivided 5/16 interest;
R. M. Hanson, an undivided 5/16 interest (1/16 as life tenant);
Elsie Hanson Olson, an undivided 5/16 interest (1/16 as life tenant);
R. M. Hanson and Emma Hanson, as Trustees for Sigrid Hanson, an undivided 1/16 interest therein.
The business of the partnership was carried on following the death of S. Hanson in the same manner as theretofore. In 1927 Emma Hanson and R. M. Hanson, executors of the estate of S. Hanson, made application to the District Court of Iowa in connection with the estate. The applicants, after stating that the business of the partnership had been carried on as desired by the testator in his will, indicated that questions had been raised by proposed purchasers of real estate from the partnership as to who might make proper conveyance thereof. On April 17, 1927, that Court entered an order declaring that the surviving partners of the S. Hanson Lumber Company and the legatees under his will who were then in esse had the right to convey and execute proper conveyances of any of the real estate owned by the S. Hanson Lumber Company.
Sometime following April 13, 1927, Emma Hanson died testate. Her will was duly admitted to probate. She willed and devised all her property to her son, R. M. Hanson, and her daughter, Elsie Hanson Olson, share and share alike. Thereupon the interests in the partnership assets of the S. Hanson Lumber Company were as follows:
R. M. Hanson, an undivided 15/32 interest (2/32 as life tenant);
Elsie Hanson Olson, an undivided 15/32 interest (2/32 as life tenant);
R. M. Hanson, as Trustee for Sigrid Hanson, an undivided 1/16 or 2/32 interest.
On December 30, 1941, R. M. Hanson executed the following Indenture of Trust:
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