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FOSTER v. COMMISSIONER OF INTERNAL REVENUE

No. 6182.

57 F.2d 516 (1932)

FOSTER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

March 31, 1932.

Attorney(s) appearing for the Case

T. E. Humphrey, of Huntsville, Tex., and M. P. Wormhoudt, of Washington, D. C., for petitioner.

G. A. Youngquist, Asst. Atty. Gen., Sewall Key and Wm. Cutler Thompson, Sp. Assts. to the Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Allin H. Pierce, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This cause is here upon the petition of Mrs. Florence A. Foster, now represented by her executors, for a review of an order of the Board of Tax Appeals determining deficiencies against her in respect of her income taxes for the years 1920 and 1921. What is in question is the value when she acquired it of growing timber which her husband had in 1911 contracted to sell as cut, and which passed to her in October, 1913, under his will, for the...

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