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BRISCOE v. CRAIG

No. 5071.

32 F.2d 40 (1929)

BRISCOE et al. v. CRAIG, Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

April 5, 1929.

Attorney(s) appearing for the Case

Forrest Andrews, of Knoxville, Tenn. (John W. Green, of Knoxville, Tenn., on the brief), for plaintiffs in error.

Wm. T. Sabine, Jr., Sp. Atty., of Washington, D. C. (C. M. Charest, Gen. Counsel, and J. D. Smith, Sp. Atty., both of Washington, D. C., and George C. Taylor, U. S. Atty., of Knoxville, Tenn., on the brief), for defendant in error.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

MACK, Circuit Judge.

In an action to recover estate tax payments, tried before the District Judge without a jury, judgment was rendered for the defendant under the following circumstances:

Daniel Briscoe, a resident of Tennessee, died on February 7, 1918, survived by a wife, aged 57, and eight children. His estate, consisting of local realty valued at about $500,000 and personal property amounting to $700,000, was devised and bequeathed in trust to distribute...

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