COMMISSIONER OF INTERNAL REVENUE v. NETCHER

No. 8340.

143 F.2d 484 (1944)

COMMISSIONER OF INTERNAL REVENUE v. NETCHER.

Circuit Court of Appeals, Seventh Circuit.

June 8, 1944.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., J. P. Wenchel, Bureau of Internal Revenue, of Washington, D. C., L. W. Post, Asst. Atty. Gen., and Sewall Key and J. Louis Monarch, Sp. Assts. to the Atty. Gen., for petitioner.

Llewellyn A. Luce, of Washington, D. C., for respondent.

Before EVANS, SPARKS, and KERNER, Circuit Judges.


The U. S. Tax Court held there was no tax due from respondent for the year 1937. Petitioner seeks a review of this ruling. Determination turns on the asserted (and disputed) right of a beneficiary of a trust to offset trust depreciation against beneficiary's other income upon facts peculiar to this case.

Petitions to review companion cases of respondent's co-beneficiaries are held in abeyance pending the determination of this appeal.

EVANS, Circuit Judge....

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