FIDELITY UNION TRUST CO. v. KELLY


23 F.Supp. 653 (1938)

FIDELITY UNION TRUST CO. v. KELLY (two cases).

District Court, D. New Jersey.

May 27, 1938.


Attorney(s) appearing for the Case

Hood, Lafferty & Campbell, of Newark, N. J., by George H. Brown, of Newark, N. J., and Wood, Molloy & France, by Henry P. Molloy, and Melville J. France, all of New York City, for plaintiff.

Charles Stanziale, Asst. U. S. Atty., of Newark, N. J., W. Croft Jennings, Asst. U. S. Atty. Gen., and Jerome Carr, Asst. U. S. Atty. Gen., for defendant.


CLARK, District Judge.

The principle of law governing a decision of the above entitled cases is not disputed. As stated in what seems to be the most recent of the numerous reported cases of the Courts of Appeal, it is: "Whether the trust instrument creates one trust, as contended by the respondent, or two, as urged by the taxpayer, is important, because, if the taxpayer is right on this and other issues involved, its taxes are less than the asserted deficiency. Whether...

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