COMMISSIONER OF INTERNAL REVENUE v. PIERCE

No. 37.

146 F.2d 388 (1944)

COMMISSIONER OF INTERNAL REVENUE v. PIERCE PIERCE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 27, 1944.


Attorney(s) appearing for the Case

George J. Laikin, of Washington, D. C., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to the Atty. Gen., for Commissioner.

Edwin S. Cohen and Norris Darrell, both of New York City, (Sullivan & Cromwell, of New York City, of counsel), for taxpayer.

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


L. HAND, Circuit Judge.

Both the Commissioner and the taxpayer appeal from an order of the Tax Court, which expunged in part, and affirmed in part, a deficiency assessment for income taxes against the taxpayer for the year 1940. (The taxpayer has not pressed her appeal before us, and we understand it to be abandoned.) The taxpayer's husband died on March 18, 1940, leaving a life insurance policy in the sum of $100,000, in which he had named her as the beneficiary...

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