BANKERS' TRUST CO. v. BOWERS


23 F.2d 941 (1928)

BANKERS' TRUST CO. v. BOWERS, Collector of Internal Revenue.

District Court, S. D. New York.

January 30, 1928.


Attorney(s) appearing for the Case

White & Case, of New York City (Joseph M. Hartfield, Russell D. Morrill, and William T. Morson, all of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for defendant.


THACHER, District Judge (after stating the facts as above).

The sole question is whether profits upon the sale of property, acquired by a decedent during his lifetime and sold by his estate, after his death, are to be calculated for income tax purposes upon the value of the property as of the time of death, or upon its cost to the decedent during his life.

By section 219 (a) of the Revenue Act of 1926 (26 USCA § 960, subd. [a]) the income tax imposed...

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