WHITE'S WILL v. COMMISSIONER OF INTERNAL REVENUE

No. 7346.

119 F.2d 619 (1940)

WHITE'S WILL et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied May 2, 1941.


Attorney(s) appearing for the Case

Oscar P. Mast, of Washington, D. C., for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and John A. Gage, Sp. Assts. to Atty. Gen., for respondent.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

The petitioners herein are the trustees under the will of Carl Hicks White. They appeal from a decision of the Board of Tax Appeals determining an income tax deficiency for the year 1935.

The testator died on March 20, 1933, a resident of New Jersey. He left an estate of almost one million dollars, consisting largely of intangibles although there were two parcels of real estate in Vermont. The will was admitted to probate in the City...

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