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UNITED STATES v. CLARKE

No. 5262.

69 F.2d 748 (1934)

UNITED STATES v. CLARKE.

Circuit Court of Appeals, Third Circuit.

March 1, 1934.

Attorney(s) appearing for the Case

Charles D. McAvoy, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa. (P. E. Miller, Sp. Atty., Bureau of Internal Revenue and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

Ernest Scott, of Philadelphia, Pa. (Pepper, Bodine, Stokes & Schoch, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal by the United States from a judgment of the District Court for the Eastern District of Pennsylvania. Within a year of her death, which occurred on June 7, 1928, Mary Jane Clarke transferred stock valued at $518,650 to her son, the appellee. All of the assets of her gross estate, other than the stock so transferred, were valued at less than $7,000. On March 1, 1929, the appellee filed his return as executor and excluded the...

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