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YUENGLING v. COMMISSIONER OF INTERNAL REVENUE

No. 5246.

69 F.2d 971 (1934)

YUENGLING v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

March 20, 1934.

Attorney(s) appearing for the Case

John J. Sullivan, of Philadelphia, Pa., for petitioner.

Pat Malloy, Asst. Atty. Gen., and Walter L. Barlow and John H. McEvers, Sp. Assts. to Atty. Gen., for respondent.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This petition involves the income tax liability of Frank D. Yuengling for the year 1928.

He executed an irrevocable trust agreement. It provided that the trustee would use the income of the res to pay premiums on policies of insurance upon the petitioner's life and designated his wife and children as the beneficiaries of the trust.

The question here is whether or not that portion of the income of the res which was applied to the...

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