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ROBERT HOE ESTATE CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 301.

85 F.2d 4 (1936)

ROBERT HOE ESTATE CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

July 6, 1936.

Attorney(s) appearing for the Case

Lester S. Holmes, of New York City, for appellant.

Robert H. Jackson, Asst. Atty. Gen., Sewall Key and Morton K. Rothschild, Sp. Assts. to the Atty. Gen., for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

The question on this appeal is whether annual profits received from certain real estate are to be charged against the taxpayer as income. Robert Hoe died seised of realty, and leaving a will which made no provision for his wife's dower. His devisees, wishing to manage the property jointly, formed a company, the taxpayer, to which they conveyed their interests; and, since they had to bar their mother in order to make a good title, they caused the company...

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