HELVERING v. TALBOTT'S ESTATE

No. 4668.

116 F.2d 160 (1940)

HELVERING, Com'r of Internal Revenue, v. TALBOTT'S ESTATE et al.

Circuit Court of Appeals, Fourth Circuit.

December 10, 1940.


Attorney(s) appearing for the Case

L. W. Post, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Norman D. Keller, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Walter E. Barton, of Washington, D. C. (Bryan Carver, of Hot Springs, Va., on the brief), for respondent.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.


SOPER, Circuit Judge.

This petition asks for a review of a decision of the Board of Tax Appeals wherein it was found that certain property held in trust by the Equitable Trust Company of New York was not subject to estate taxes as part of the estate of William M. Talbott, deceased, but belonged to Eleanor B. Talbott, his surviving wife. The contention of the Commissioner that there was a deficiency in estate taxes under the Revenue Act of 1926, as amended, 26 U.S...

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