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SMITH v. COMMISSIONER OF INTERNAL REVENUE

No. 3008.

78 F.2d 897 (1935)

SMITH et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

August 2, 1935.

Attorney(s) appearing for the Case

Nathaniel W. Smith, of Providence, R. I. (Dana M. Swan and Swan, Keeney & Smith, all of Providence, R. I., on the brief), for petitioners.

Berryman Green, Sp. Asst. to Atty. Gen. (Frank J. Wideman and Sewall Key, both of Washington, D. C., on the brief), for Commissioner of Internal Revenue.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This appeal involves estate taxes under the Revenue Act of 1926, chap. 27, § 303, 44 Stat. 9 (26 USCA § 1095 and note). The question is whether certain amounts paid to charitable and educational institutions were properly included in the decedent's net estate for the purpose of the federal tax.

The facts are not in dispute. Sharpe, the decedent, was a resident of Rhode Island. He died in January, 1931, leaving an instrument...

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