COMMISSIONER OF INTERNAL REVENUE v. PHILLIPS' ESTATE

No. 9977.

126 F.2d 851 (1942)

COMMISSIONER OF INTERNAL REVENUE v. PHILLIPS' ESTATE et al.

Circuit Court of Appeals, Fifth Circuit.

March 20, 1942.


Attorney(s) appearing for the Case

Hubert L. Will, Sewall Key, J. Louis Monarch, and Michael H. Cardozo, IV., Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

Benjamin Leader and John D. Hill, both of Birmingham, Ala., for respondents.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

The petition for review involves gift tax for the year 1936. The facts were stipulated, and the sole question presented below was whether under § 504(b) of the Revenue Act of 1932, 47 Stat. 169, 247, 26 U.S.C.A. Int.Rev.Acts, page 585, the donor of property in trust for the benefit of thirteen beneficiaries was entitled to a single gift tax exclusion of $5,000, or to thirteen separate exclusions not exceeding $5,000 each. The Board held...

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