HERZOG v. COMMISSIONER OF INTERNAL REVENUE

No. 54.

116 F.2d 591 (1941)

HERZOG et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

January 6, 1941.


Attorney(s) appearing for the Case

Choate, Byrd, Leon & Garretson, of New York City (William Byrd, of New York City, of counsel), for petitioners on review.

Samuel O. Clark, Jr., Asst. Atty. Gen. (J. Louis Monarch and Lee A. Jackson, Sp. Assts. to Atty. Gen., of counsel), for respondent-commissioner.

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


AUGUSTUS N. HAND, Circuit Judge.

On June 28, 1926, the petitioner, Edward Rayne McComb Herzog, and Pauline Stevenson Herzog were married in the City of New York. Thereafter three children were born of the marriage, and the spouses have been and are now living together as husband and wife.

On August 23, 1935, Herzog, by instrument in writing executed in the City of New York, transferred certain securities of the value...

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