CITY BANK FARMERS TRUST CO. v. HOEY


23 F.Supp. 831 (1938)

CITY BANK FARMERS TRUST CO. v. HOEY, Collector of Internal Revenue.

District Court, S. D. New York.

June 10, 1938.


Attorney(s) appearing for the Case

Montgomery, Peabody, Grace & Derby, of New York City (J. Seymour Montgomery, Jr., James Lloyd Derby, and Frederic H. Poor, Jr., all of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for defendant.


PATTERSON, District Judge.

The action is one at law to recover taxes paid under the Gift Tax Act of 1932. The Act (26 U.S.C.A. § 550) imposes a tax on transfers of property by gift in the year 1932 and later years, but not on transfers by gift made on or before the enactment of the Act, June 6, 1932. The plaintiff moves for judgment on the pleadings under rule 112 of the New York Rules of Civil Practice.

The case shown by the complaint is this: Helen...

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