SMART v. COMMISSIONER OF INTERNAL REVENUE

No. 100.

152 F.2d 333 (1945)

SMART v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 6, 1945.


Attorney(s) appearing for the Case

Julius L. Neidle and Neidle & Taylor, all of New York City, for petitioner.

Harry K. Mansfield and Samuel O. Clark, Jr., Asst. Attys. Gen., and Sewall Key, Robert N. Anderson, and Muriel S. Paul, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This appeal involves the petitioner's income tax for the year 1941, and the question is whether § 107 of the Internal Revenue Code, as amended by § 139 of the Revenue Act of 1942, 26 U.S.C.A. Int.Rev. Code, § 107, covered his receipt in that year of certain commissions as trustee. He was one of two trustees under the will of a resident of New Jersey who died in 1933, leaving an estate of over $10,000,000 made up of securities...

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