COMMISSIONER OF INTERNAL REVENUE v. ALLEN

No. 7050.

108 F.2d 961 (1939)

COMMISSIONER OF INTERNAL REVENUE v. ALLEN.

Circuit Court of Appeals, Third Circuit.

December 22, 1939.


Attorney(s) appearing for the Case

Edward H. Green, of New York City, Lawrence A. Baker, of Washington, D. C., and John F. Dooling, Jr., of New York City (Sullivan & Cromwell, of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Richard H. Demuth, Sp. Atty., of Washington, D. C., for respondent.

Before BIDDLE, JONES, and BUFFINGTON, Circuit Judges.


JONES, Circuit Judge.

The question in this case is whether a minor's transfer of property, without valuable consideration, in trust for others, made prior to the effective date of the Gift Tax Act of 1932, is so inchoate and imperfect, because of the minor's legal right to disaffirm during minority and for a reasonable period thereafter, as to render the transfer not taxable as a gift until the year in which the minor attained majority, having failed to disaffirm...

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