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BLUNT v. KELLY

No. 7966.

131 F.2d 632 (1942)

BLUNT v. KELLY, Former Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

Decided November 20, 1942.

Attorney(s) appearing for the Case

Horace C. Jeffers, of Morristown, N. J. (King & Vogt and Harold A. Price, all of Morristown, N. J., on the brief), for appellant.

James P. Garland, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, and J. Louis Monarch, Sp. Assts. to the Atty. Gen., and Charles M. Phillips, U. S. Atty., and Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J., on the brief) for appellee.

Butzel, Eaman, Long, Gust & Bills and Thomas G. Long, all of Detroit, Mich., Amici Curiae.

Before MARIS and GOODRICH, Circuit Judges, and BARD, District Judge.

BARD, District Judge.

The question presented by this appeal is whether the transfer of securities by a deed of trust created by Edith E. Blunt constituted a transfer to take effect in possession or enjoyment at or after her death so as to be subject to the federal estate tax under Section 302(c) of the Revenue Act of 1926, 26 U.S.C.A. Int.Rev. Acts, page 227.

On April 21, 1925 Mrs. Blunt executed a deed of trust transferring the securities in question to trustees...

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