COMMISSIONER OF INTERNAL REVENUE v. COHEN

No. 9885.

121 F.2d 348 (1941)

COMMISSIONER OF INTERNAL REVENUE v. COHEN. COHEN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

June 23, 1941.


Attorney(s) appearing for the Case

Hubert L. Will, Sewall Key, Helen R. Carloss, and William L. Cary, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for the Commissioner.

B. F. Louis, of Houston, Tex., for taxpayer.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

These two petitions for review, consolidated for hearing and decision in this court, present two questions:

(1) Whether a dividend on stock held by the decedent which was declared prior to the date of his death but was payable to stockholders of record on a date subsequent to his death should be accrued as part of decedent's gross income pursuant to Section 42 of the Revenue Act of 1934, 26 U. S.C.A.Int.Rev.Code § 42.

(2...

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