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BEELER v. MOTTER

No. 1028.

33 F.2d 788 (1928)

BEELER et al. v. MOTTER, Internal Revenue Collector, etc.

District Court, D. Kansas, Second Division.

September 22, 1928.

Attorney(s) appearing for the Case

Henry H. Asher and Walter G. Thiele, both of Lawrence, Kan., for plaintiffs.

Al F. Williams, U. S. Atty., and Alton H. Skinner, Asst. U. S. Atty., both of Topeka, Kan. (C. M. Charest, General Counsel, Bureau of Internal Revenue, and Wm. T. Sabine, Jr., Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.

McDERMOTT, District Judge.

This is an action at law to recover $7,402.12 paid by the plaintiffs as a part of the tax on the estate of their deceased father. The tax was levied by the Commissioner under a finding made by him that four farms, conveyed by the decedent to his sons, were gifts made in contemplation of death. The plaintiffs claim they were not so made; hence this lawsuit.

Fred Beeler, Sr., the decedent, by the exercise of industry and thrift and...

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