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COMMISSIONER OF INTERNAL REVENUE v. BRANDEGEE

No. 3678.

123 F.2d 58 (1941)

COMMISSIONER OF INTERNAL REVENUE v. BRANDEGEE.

Circuit Court of Appeals, First Circuit.

October 30, 1941.

Attorney(s) appearing for the Case

Michael H. Cardozo, IV, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Helen R. Carloss, Sp. Asst. to Atty. Gen., on the brief), for petitioner for review.

Dana Kelly, of Boston, Mass. (John M. McInerney, of Boston, Mass., on the brief), for Mary B. Brandegee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

In 1937 Mary B. Brandegee, the taxpayer herein, made a gift to trustees of property valued at $35,000 in augmentation of a trust fund which she had established in 1934. The question before us is whether, in computing the 1937 gift tax, the taxpayer is entitled to take an exclusion in respect of each of four beneficiaries, which is allowable unless the gifts were of "future interests in property" within the meaning of § 504(b) of the Revenue...

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