FIRST NAT. BANK OF BIRMINGHAM v. UNITED STATES

Nos. 4660, 4661.

25 F.Supp. 816 (1939)

FIRST NAT. BANK OF BIRMINGHAM et al. v. UNITED STATES. SAME v. DAVIS, Collector of Internal Revenue.

District Court, N. D. Alabama, S. D.

January 4, 1939.


Attorney(s) appearing for the Case

Bradley, Baldwin, All & White, of Birmingham, Ala., for plaintiffs.

Jim C. Smith, U. S. Dist. Atty., and Erle Pettus, Asst. U. S. Dist. Atty., both of Birmingham, Ala., and Frank Ready, Jr., of Washington, D. C., for the United States.


MURPHREE, District Judge.

These cases involve the refund of gift and estate taxes, respectively, paid by the estate of John L. Kaul, and arise from the taxability of that estate by reason of two trusts created by John L. Kaul during his life time. On December 31st, 1923, John L. Kaul created a trust of property for the benefit of three other persons (his wife and two children) under the terms of which he reserved to himself alone the power to revoke the trust. However...

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