SAKS v. HIGGINS

No. 283.

111 F.2d 78 (1940)

SAKS et al. v. HIGGINS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

April 8, 1940.


Attorney(s) appearing for the Case

Maass & Davidson, of New York City (Herbert H. Maass and David J. Levy, both of New York City, of counsel), for appellants.

John T. Cahill, U. S. Atty., of New York City (David McKibbin, III, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Rollin Browne, James D. Ouchterloney, and George Craven, all of New York City (Mitchell, Taylor, Capron & Marsh and Cravath, de Gersdorff, Swaine & Wood, all of New York City, Gaston, Snow, Hunt, Rice & Boyd, of Boston, Mass., and Johnson & Thomas, Leon Lauterstein, Satterlee & Green, Shearman & Sterling, and Spence, Windels, Walser, Hotchkiss & Angell, all of New York City, of counsel), amici curiae.

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


L. HAND, Circuit Judge.

The only question involved in this appeal is the validity of Article 11 of Treasury Regulations 80, implementing § 202(a) of the Revenue Act of 1935, 26 U.S.C.A.Int. Rev.Code § 811(j). The plaintiffs are executors, and in accordance with the privilege granted by § 202(a), they chose to value their testatrix's estate as of August 30, 1937, the first anniversary of her death. The case comes to us upon a judgment dismissing the...

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