BRETZFELDER v. COMMISSIONER OF INTERNAL REVENUE

No. 5.

86 F.2d 713 (1936)

BRETZFELDER et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 7, 1936.


Attorney(s) appearing for the Case

Charles B. Bretzfelder, of New York City (Bertram Boardman and Milton M. Davis, both of New York City, of counsel), for petitioners.

Robert H. Jackson, Asst. Atty. Gen. (Sewall Key and Ellis N. Slack, Sp. Assts. to the Atty. Gen.), for respondent.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge.

The petitioners are executors of the estate of Morris Weinstein, who died on June 4, 1925, leaving an estate subject to taxation under title 3 of the Revenue Act of 1924 (43 Stat. 303, § 300 et seq.). The present controversy raises three distinct issues as to the tax upon his estate.

The first is whether there may be deducted from the gross estate sums of $750 and $1,000 paid by the executors to Palestine Orphan Asylum and Jewish...

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