HELVERING v. BLAIR

No. 334.

121 F.2d 945 (1941)

HELVERING, Com'r of Internal Revenue, v. BLAIR.

Circuit Court of Appeals, Second Circuit.

July 31, 1941.


Attorney(s) appearing for the Case

William L. Cary, Sp. Asst. to Atty. Gen., and Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, and John J. Pringle, Jr., Sp. Assts. to the Atty. Gen., for petitioner.

Charles S. Haight, Jr., and Bernard D. Atwood, both of New York City, for respondent.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

This is a petition to review an order of the Board of Tax Appeals which expunged a deficiency assessed against the taxpayer for gift taxes in the year 1937 under § 501 of the Revenue Act of 1932, 26 U.S.C.A. Int.Rev.Acts, page 580. The sole question is whether he was entitled to an "exclusion" of $40,000 under § 504(b), 26 U.S.C.A. Int.Rev.Acts, page 585, in computing certain additions which he made in that year to the corpus of two...

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