Old Colony Trust Co. v. Commissioner

Old Colony Trust Co. v. Commissioner, 279 U.S. 716 (1929), was an income tax case before the Supreme Court of the United States.

Old Colony Trust Co., as the executors of Wood's estate, filed suit in the District Court for a refund, then appealed to the Board of Tax Appeals (the predecessor to the United States Tax Court).

The petitioners then appealed the Board's decision to the United States Court of Appeals for the First Circuit, which certified the following question to be decided by the U.S. Supreme Court: "Did the payment by the employer of the income taxes assessable against the employee constitute additional taxable income to such employee?"

Chief Justice Taft, writing for the majority, first held that the appeal of Wood's executors was a justiciable case or controversy for the court to decide.

Taft held that payment of Mr. Wood's taxes by his employer constituted additional taxable income to him for the years in question.