ESTATE OF MILLER v. COMMISSIONER

Docket No. 2092.

3 T.C. 1180 (1944)

ESTATE OF JAMES MILLER, DECEASED, LEON R. JILLSON AND CENTRAL HANOVER BANK AND TRUST COMPANY, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated August 2, 1944.


Attorney(s) appearing for the Case

Julian S. Bush, Esq., and Leon R. Jillson, Esq., for the petitioners.

Ellyne Strickland, Esq., for the respondent.


Respondent determined a deficiency in estate tax in the amount of $1,029.32. Some of the adjustments have been conceded, but petitioners claim an overpayment of tax. The only issue is the amount of the deduction which is properly allowable to petitioners under section 812 (c) of the Internal Revenue Code for property previously taxed.

The estate tax return was filed with the collector for the third district of New York.

FINDINGS OF FACT.

James Miller...

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