ALLEN v. WELCH

Civ. A. No. 1431.

49 F.Supp. 902 (1943)

ALLEN v. WELCH, Former Collector of Internal Revenue.

District Court, D. Massachusetts.

May 5, 1943.


Attorney(s) appearing for the Case

O. Walker Taylor and Edmund O'Callaghan, both of Boston, Mass., for plaintiff.

Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Leon F. Cooper, Sp. Assts. to Atty. Gen., for defendant.


WYZANSKI, District Judge.

The issue here presented is whether sums received by the taxpayer in 1936 and 1937 were a bequest exempt from federal income taxation under sec. 22 (b) (3) of the Revenue Act of 1936, c. 690, 49 Stat. 1648, 26 U.S.C.A. Int.Rev.Code § 22(b) (3).

Harding Allen died October 11, 1930 leaving a will which, in addition to other specific and general legacies and devises, made provision for the taxpayer at bar, Carrie L. Allen, his widow...

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