FREW v. BOWERS

No. 284.

12 F.2d 625 (1926)

FREW et al. v. BOWERS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

June 1, 1926.


Attorney(s) appearing for the Case

Kellogg & Rose, of New York City (Abram J. Rose, Alfred C. Pette, and Philip M. Brett, all of New York City, on the brief), for plaintiffs in error.

Emory R. Buckner, U. S. Atty., of New York City (Sherwood E. Hall, Asst. U. S. Atty., of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

Consideration of the problem presented seems to require some definition of the nature of the tax imposed. To call it, as it is officially called, an estate tax, does not advance the matter, for the phrase merely indicates the incidence of the charge, not its nature or species.

We think that authority, rather than speculation on the reason of things, must control definition, and we premise by holding...

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