PHILBRICK v. MANNING

Civ. A. No. 2983.

57 F.Supp. 245 (1944)

PHILBRICK v. MANNING, Collector of Internal Revenue (UNITED STATES, Intervenor).

District Court, D. New Jersey.

October 9, 1944.


Attorney(s) appearing for the Case

Adolf L. Engelke, of Jersey City, N. J., and John D. Beals, of New York City, for plaintiff.

Thorn Lord, U. S. Atty., of Trenton, N. J., Paul J. Mulcahy, Asst. U. S. Atty., of Newark, N. J., and Leland T. Atherton, Chief Counsel to Atty. Gen., for defendant.


MEANEY, District Judge.

The question to be determined by the court in this case is whether or not the subject matter of a trust fund created by the decedent in favor of his son and daughter and their heirs, was taxable as part of the decedent's gross estate.

The facts as set forth largely by stipulation are as follows:

In 1921 John A. Philbrick, the decedent, created a trust giving one-half of the income to his son (plaintiff herein) and one-half to...

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