COMMISSIONER OF INTERNAL REVENUE v. GARDNER

No. 7764.

127 F.2d 929 (1942)

COMMISSIONER OF INTERNAL REVENUE v. GARDNER.

Circuit Court of Appeals, Seventh Circuit.

February 18, 1942.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Bureau of Internal Revenue, Michael H. Cardozo, and J. Louis Monarch, all of Washington, D. C., for petitioner.

Robert Ash, of Washington, D. C., for respondent.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

The Commissioner petitions for review of a decision of the Board of Tax Appeals permitting a series of exclusions from gift taxes under § 504(b) of the Revenue Act of 1932, 26 U.S.C.A. Int.Rev.Acts, page 585. He contends that such exclusions should have been denied for the reason that the gifts were of future interests in the property conveyed.

The facts were stipulated. In 1926, respondent created a trust for the benefit of ten...

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