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KRAFT v. COMMISSIONER OF INTERNAL REVENUE

No. 7212.

111 F.2d 370 (1940)

KRAFT v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

April 16, 1940.

Attorney(s) appearing for the Case

Talbot M. Malcolm, of New York City, for petitioner.

L. W. Post, of Washington, D. C., for respondent.

Before BIGGS, CLARK, and JONES, Circuit Judges.

BIGGS, Circuit Judge.

Katherine Kraft, the petitioner and taxpayer, in 1930 and 1932 by indentures created five separate trusts for named beneficiaries. One of these was Clarance Conklin and the indenture creating the trust in his favor is typical. The second paragraph of that indenture provides in part that the taxpayer and grantor "* * * shall have the right by an instrument in writing executed under her hand and seal and personally served on the Trustees * * *...

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