WEAR v. COMMISSIONER OF INTERNAL REVENUE

No. 5046.

65 F.2d 665 (1933)

WEAR et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

May 26, 1933.


Attorney(s) appearing for the Case

Claude C. Smith and Duane, Morris & Heckscher, all of Philadelphia, Pa., for petitioners.

J. P. Jackson and Sewall Key, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., for respondent.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.


WOOLLEY, Circuit Judge.

William Potter, the decedent, was donee of a general power of appointment under the will of his father. He exercised the power in his own will by giving the property to his two daughters who, had he omitted to exercise it, would have taken the property under the will of their grandfather, the donor, and the decedent's estate would to that extent have escaped a federal tax. As the decedent did, as a matter of fact, exercise the power, the Commissioner...

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