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ESTATE OF ALLEN v. COMMISSIONER

Docket No. 399.

3 T.C. 844 (1944)

ESTATE OF BENJAMIN L. ALLEN, BY BENJAMIN L. ALLEN, JR. AND LOUIS S. ALLEN, EXECUTORS OF THE WILL OF SAID DECEDENT, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated May 15, 1944.

Attorney(s) appearing for the Case

Jacob Mertens, Jr., Esq., for the petitioners.

Scott A. Dahlquist, Esq., for the respondent.

OPINION.

MURDOCK, Judge:

An opinion in this case was promulgated on April 4, 1944. It was thereafter reconsidered and rejected by the Court, so that the present opinion now becomes the opinion of the Court in this case.

The Commissioner determined a deficiency in estate tax in the amount of $1,626.64. The error assigned is the action of the Commissioner in including in the gross estate a remainder interest in property held by a trust created...

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