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WEIL v. UNITED STATES

No. 27.

115 F.2d 999 (1940)

WEIL et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 16, 1940.

Attorney(s) appearing for the Case

Sherman S. Rogers, of New York City (Sherman S. Rogers and Herbert Burton Brill, both of New York City, of counsel), for petitioners.

Hughes, Richards, Hubbard & Ewing and John Fletcher Caskey, all of New York City (Curtiss Ely Frank, of New York City, of counsel), for Mortgage Corporation of New York, amicus curiæ.

John T. Cahill, U. S. Atty., of New York City (Maxwell S. McKnight, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question involved in this appeal is whether a transfer to the petitioners as trustees by the Mortgage Commission of the State of New York of certain bonds and mortgages guaranteed by the New York Title and Mortgage Company were subject to a federal tax under Schedule A (9), Title VIII of the Revenue Act of 1926 as amended by Section 724 (a) of the Act of 1932, 26 U.S.C.A. Int.Rev.Acts, p. 297.

The amendment provides for...

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