COMMISSIONER OF INTERNAL REVENUE v. BARNES' ESTATE

Nos. 3910, 3911.

30 F.2d 289 (1929)

COMMISSIONER OF INTERNAL REVENUE v. BARNES' ESTATE. SAME v. BARNES.

Circuit Court of Appeals, Third Circuit.

January 11, 1929.


Attorney(s) appearing for the Case

Mabel Walker Willebrandt, Asst. Atty. Gen., Sewall Key and Randolph C. Shaw, Sp. Asst. Attys. Gen., and C. M. Charest and L. W. Scott, both of Washington, D. C., for petitioner.

George W. Zeigler, of Philipsburg, Pa., and John E. Cupp, of Philadelphia, Pa., for respondent.

Before BUFFINGTON and DAVIS, Circuit Judges, and THOMPSON, District Judge.


BUFFINGTON, Circuit Judge.

The underlying question in these cases is whether a bona fide gift of an interest in a coal-mining company partnership in Pennsylvania was made by their respective husbands to the two women taxpayers. No notice was given to the third partner of the gift, transfer to the women was not registered, and they took no part in the management; they received the profits accruing to them as partners, made income reports accordingly, and paid the tax...

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