HELVERING v. ACHELIS

No. 28.

112 F.2d 929 (1940)

HELVERING, Commissioner of Internal Revenue, v. ACHELIS.

Circuit Court of Appeals, Second Circuit.

June 24, 1940.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and L. W. Post, Sp. Assts. to Atty. Gen., for petitioner.

Charles S. McVeigh, of New York City (George M. Wolfson, Joseph W. Goodwin, and John A. Lyon, all of New York City, of counsel), for respondent.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.


PER CURIAM.

The Commissioner appeals from an order of the Board of Tax Appeals expunging a deficiency in income taxes assessed by him against the taxpayer for the years 1934 and 1935. On April 5, 1932, the taxpayer transferred some securities to two persons in trust to be held by them until December 31, 1937, or until her death if she died before that day; in December, 1934, she extended the possible duration of this trust to December 31, 1939. The trustees were to...

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