HELVERING v. RUBINSTEIN

No. 11992.

124 F.2d 969 (1942)

HELVERING, Com'r of Internal Revenue, v. RUBINSTEIN et al.

Circuit Court of Appeals, Eighth Circuit.

January 22, 1942.


Attorney(s) appearing for the Case

Michael H. Cardozo, IV, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Forrest M. Hemker, of St. Louis, Mo. (Bernard Greensfelder, Edward Greensfelder, and Greensfelder & Hemker, all of St. Louis, Mo., on the brief), for respondents.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

The controlling question presented is whether the petitioner is entitled to have this case remanded to the Board of Tax Appeals with directions to try an issue of fact and an issue of law not within the pleadings presented to the Board.

The facts, in so far as they relate to the sole issue tried by the Board, are not in dispute. Wilton Rubinstein, now deceased, on July 7, 1936, created a trust...

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