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FIRST NAT. BANK OF BOSTON v. UNITED STATES

No. 5841.

7 F.Supp. 915 (1934)

FIRST NAT. BANK OF BOSTON et al. v. UNITED STATES.

District Court, D. Massachusetts.

August 7, 1934.

Attorney(s) appearing for the Case

George S. Fuller and Burnham, Bingham, Pillsbury, Dana & Gould, all of Boston, Mass., for plaintiffs.

Francis J. W. Ford, U. S. Atty., by J. Duke Smith, Sp. Asst. to U. S. Atty., both of Boston, Mass., Frank J. Wideman, Asst. Atty. Gen., and Andrew Sharpe and S. E. Blackham, Sp. Assts. to Atty. Gen., for the United States.

BREWSTER, District Judge.

This action is brought by trustees under a will to recover an additional income tax assessed for the year 1928. The additional assessment was due, in part, to the refusal of the Commissioner to allow, as a deduction from income, $8,752.86 paid by the trustees to the widow of the testator under certain provisions of the will. The differences respecting the rights to this deduction have been disposed of by the case of Helvering v. Butterworth...

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