COMMISSIONER OF INTERNAL REVENUE v. SHAMBERG'S ESTATE

No. 394.

144 F.2d 998 (1944)

COMMISSIONER OF INTERNAL REVENUE v. SHAMBERG'S ESTATE.

Circuit Court of Appeals, Second Circuit.

August 24, 1944.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Bernard Chertcoff, Sp. Assts. to Atty. Gen., for petitioner, Commissioner of Internal Revenue.

George Wharton Pepper, of Philadelphia, Pa. (George Wharton Pepper, of Philadelphia, Pa., Julius Henry Cohen, of New York City, John D. M. Hamilton, of Philadelphia, Pa., and Leander I. Shelley, Austin J. Tobin, and Daniel B. Goldberg, all of New York City, of counsel), for respondent, Estate of Alexander J. Shamberg, deceased, and Isidor W. Shamberg, as Administrator, and for Port of New York Authority, amicus curiae.

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This proceeding involves deficiencies in income taxes assessed against Alexander J. Shamberg by the Commissioner of Internal Revenue for the years 1937 and 1938. Shamberg died during the pendency of a proceeding in the Tax Court to review the assessment and his administrator was substituted as a party. The Tax Court determined that there were no deficiencies and the Commissioner filed this petition to review its decision which a majority...

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