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MOLTER v. COMMISSIONER OF INTERNAL REVENUE

No. 4990.

69 F.2d 7 (1934)

MOLTER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 28, 1934.

Attorney(s) appearing for the Case

Oscar A. Kropf, of Chicago, Ill. (Miller & Chevalier, of Washington, D. C., of counsel), for petitioner.

Pat Malloy, Asst. Atty. Gen., Sewall Key and Francis H. Horan, Sp. Assts. to Atty. Gen. (E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., of counsel), for respondent.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge.

The only contested issue is whether petitioner took a vested or a contingent remainder in the residue of her father's estate under the provisions of his will. This question arises in connection with the determination of the basis upon which to ascertain gain or loss on the sale of certain property acquired by bequest, devise or inheritance, as provided for by section 204 of the Revenue Act of 1924 (43 Stat. 253, 258) and the same provision in...

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