BUCKMINSTER'S ESTATE v. COMMISSIONER OF INT. REV.

No. 88.

147 F.2d 331 (1944)

BUCKMINSTER'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

November 16, 1944.


Attorney(s) appearing for the Case

Hugh C. Bickford, of Washington, D. C., and D. Robert Kaplan, of New York City, for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Helen Carloss, and Hilbert P. Zarky, Sp. Assts. to Atty. Gen., for respondent.

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


FRANK, Circuit Judge.

1. The taxpayer asserts that the Tax Court erred in admitting in evidence a hospital record made at the time when taxpayer's decedent was stricken with a cerebral hemorrhage on March 12, 1933. The taxpayer cites 26 U.S.C.A. Int.Rev.Code, § 1111, which provides that the rules of evidence before the Tax Court are those "applicable in the courts of the District of Columbia in the type of proceedings which," before the merging of the District...

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