GALLOIS v. COMMISSIONER OF INTERNAL REVENUE

No. 11080.

152 F.2d 81 (1945)

GALLOIS et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

November 16, 1945.


Attorney(s) appearing for the Case

John V. Lewis, Clyde C. Sherwood, and Jerome Politzer, all of San Francisco, Cal., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., Tax Division, Sewall Key, A. F. Prescott, Louise Foster, and James P. Garland, Sp. Assts. to Atty. Gen., for respondent.

Before DENMAN, BONE and ORR, Circuit Judges.


DENMAN, Circuit Judge.

The executors seek review of a decision of the Tax Court holding that the value of an estate of a trust created by the testatrix should be included with other property values in determining the value of her estate under section 811 of the Revenue Code, 26 U.S.C.A. Int.Rev.Code § 811.

The Commissioner contends that under the provisions of the trust instrument the trustor well could have revert to her in her lifetime the entire interest...

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