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BEERS v. COMMISSIONER OF INTERNAL REVENUE

No. 5516.

78 F.2d 447 (1935)

BEERS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

May 20, 1935.

Attorney(s) appearing for the Case

Bernhard Knollenberg, of New York City (Lord, Day & Lord, Harry J. Rudick, and Joseph W. Wyatt, all of New York City, of counsel), for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and L. W. Post, Sp. Assts. to the Atty. Gen., for respondent.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

On their face the questions involved in this case and in the case of Roebling v. Commissioner (C. C. A.) 78 F.2d 444, this day decided, are the same. Broadly stated, they are:

What is the proper basis for determining the taxable gain from sales of property, in one instance personal, in the other real, where a testator, in different language, had in each case bequeathed or devised the property in trust...

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