UNITED STATES v. BINGHAM

No. 2983.

76 F.2d 573 (1935)

UNITED STATES v. BINGHAM et al.

Circuit Court of Appeals, First Circuit.

March 26, 1935.


Attorney(s) appearing for the Case

Arnold Raum, Sp. Asst. Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Norman D. Keller, Sp. Assts. to Atty. Gen., on the brief), for the United States.

George S. Fuller, of Boston, Mass. (Burnham, Bingham, Pillsbury, Dana & Gould, of Boston, Mass., on the brief), for appellees.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


WILSON, Circuit Judge.

This is an appeal from the judgment of the District Court of Massachusetts in a proceeding to recover a refund of an estate tax assessed under section 402 (f) of the Revenue Act of 1918 (40 Stat. 1057, 1098), and paid by the executors.

The basis of the tax was seven insurance policies, all taken out by the testator prior to 1900 and either assigned to his wife or made payable to his wife or son.

Four policies issued by the Berkshire...

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