COMMISSIONER OF INTERNAL REVENUE v. WASHER

No. 8834.

127 F.2d 446 (1942)

COMMISSIONER OF INTERNAL REVENUE v. WASHER.

Circuit Court of Appeals, Sixth Circuit.

April 16, 1942.


Attorney(s) appearing for the Case

Samuel H. Levy, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and L. W. Post, Sp. Assts. to Atty. Gen., on the brief), for petitioner.

Peter Keber, of New York City (Earl J. Garey, William Helfer, and Peter Keber, all of New York City, on the brief), for respondent.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.


SIMONS, Circuit Judge.

This review involves a deficiency in the estate tax of the decedent determined by the Commissioner but set aside by the Board of Tax Appeals, and raises the question whether the proceeds of insurance policies on the life of the decedent, after deduction of the statutory $40,000 exemption, are includible in the gross estate under § 302(g) and (d) of the Revenue Act of 1926 as amended, 26 U.S.C.A. Int.Rev. Acts, page 228 et seq.

The...

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