COMMISSIONER OF INTERNAL REVENUE v. BROWN

No. 7716.

122 F.2d 800 (1941)

COMMISSIONER OF INTERNAL REVENUE v. BROWN.

Circuit Court of Appeals, Third Circuit.

September 4, 1941.


Attorney(s) appearing for the Case

L. W. Post, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Lee A. Jackson, Sp. Assts. to Atty. Gen., on the brief), for petitioner.

S. Leo Ruslander, of Pittsburgh, Pa. (Samuel Kaufman and James A. Graham, both of Pittsburgh, Pa., on the brief), for respondent.

Before BIGGS, MARIS, and CLARK, Circuit Judges.


BIGGS, Circuit Judge.

The question presented by the petition at bar is whether or not the income for the year 1935 to a trust created on January 1, 1927, by the respondent and taxpayer, Antoinette K. Brown, should be treated as taxable income to her. The Commissioner insists that it should be so treated under Section 22(a), Section 166, or Section 167 of the Revenue Act of 1934, 48 Stat. 686, 729, 26 U.S.C.A., Internal Revenue Acts, pages 669, 727.

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