U.S. Supreme Court
A.A. Lewis & Co. v. Commissioner, 301 U.S. 385 (1937)
A.A. Lewis & Co. v. Commissioner of Internal Revenue
Argued April 30, 1937
Decided May 17, 1937
301 U.S. 385
A landowner made a declaration placing title in a trustee for the benefit of herself and an agent empowered by her to subdivide and sell the land, whose compensation was to be a fixed percentage of payments made by purchasers. The function of the trustee was to hold the title, execute contracts and conveyances at the direction of the agent, and to make collections. Held that the trust was not an "association" within the meaning of § 701(a)(2) of the Revenue Act of 1928, and therefore was not taxable as a corporation. Pp. 301 U. S. 386, 301 U. S. 389.