HELVERING v. O'DONNELL

No. 166.

94 F.2d 852 (1938)

HELVERING, Commissioner of Internal Revenue, v. O'DONNELL.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.


Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Ralph F. Staubly, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

Charles S. Fettretch, of New York City, for respondent.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

A deficiency in estate tax is claimed by the Commissioner, and this petition seeks a review of the Board of Tax Appeals' determination. Sections 1001-1003 Act of 1926, c. 27, 44 Stat. 109, as amended by section 1101, Revenue Act of 1932, c. 209, 47 Stat. 169, 26 U.S.C.A. § 641, 642, 644, 645.

The respondent's husband died March 18, 1933, and she received, as a beneficiary of insurance on his life, the sum of $732,681.66, which was...

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