
On June 21, 2019, the US Supreme Court unanimously ruled in North Carolina Department of Revenue v. Kaestner 1992 Family Trust, No. 18-457, 2019 WL 2552488 (U.S. June 21, 2019) that the presence of in-state beneficiaries alone does not permit a state to tax trust income that has not been distributed to the beneficiaries where the beneficiaries have (1) no right to demand the income and (2) no guarantee that they would eventually receive the income from the trust. Justice Sotomayor delivered the opinion of the Court; Justice Alito, joined by Chief Justice Roberts and Justice Gorsuch, filed a concurring opinion.



