COMMISSIONER OF INTERNAL REVENUE v. LARSON

No. 10131.

131 F.2d 85 (1942)

COMMISSIONER OF INTERNAL REVENUE v. LARSON.

Circuit Court of Appeals, Ninth Circuit.

October 21, 1942.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Helen R. Carloss, and Earl C. Crouter, Sp. Assts. to Atty. Gen., for petitioner.

H. B. Jones, of Seattle, Wash., for respondent.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

The question raised by the petition of the Commissioner of Internal Revenue is whether the income from community property in the hands of the executor of the husband's estate, is taxable in its entirety to the estate, or whether one-half of such income is taxable to the surviving spouse.

Adelbert Larson, a resident of Washington, died testate on June 7, 1934, leaving surviving him his widow, the respondent. All property which the parties...

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