BAKER-BOYER NAT. BANK v. HENRICKSEN

No. 267.

46 F.Supp. 831 (1942)

BAKER-BOYER NAT. BANK v. HENRICKSEN et al.

District Court, W. D. Washington, S. D.

September 29, 1942.


Attorney(s) appearing for the Case

Burns Poe and Elizabeth Shackleford, both of Tacoma, Wash., and Cameron Sherwood and Marvin Evans, both of Walla Walla, Wash., for plaintiff.

J. Charles Dennis, U. S. Atty., Harry Sager, Asst. U. S. Attorney, and Thomas R. Winter, Sp. Atty., Bureau of Internal Revenue, all of Seattle, Wash., for defendants.


BLACK, District Judge.

The plaintiff executor seeks in this action a refund of about $23,000 of estate taxes and interest paid upon the estate of George T. Welch, deceased. The executor contends that the Commissioner of Internal Revenue incorrectly disallowed deductions approximating $170,000 from the return for concededly charitable bequests. The Commissioner's position is that under the will the widow was given power to invade and exhaust the corpus of such charitable...

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