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MARKWELL'S ESTATE v. COMMISSIONER OF INTERNAL REV.

No. 7083.

112 F.2d 253 (1940)

MARKWELL'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

May 22, 1940.

Attorney(s) appearing for the Case

Alex P. Greenthal, H. W. Schuler, and Benjamin Poss, all of Milwaukee, Wis., for petitioner.

Lyle M. Turner, of Washington, D. C., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, and A. F. Prescott, Sp. Assts. to the Atty. Gen., for respondent.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

SPARKS, Circuit Judge.

This petition for review of a decision of the Board of Tax Appeals presents the question of the deductibility from the gross estate of decedent of a claim filed by his daughter against the estate. It was based on a contract made by her parents many years before as a part of a settlement in connection with divorce proceedings.

The contract out of which the claim arose was made in 1909. It provided that decedent should pay his then wife...

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