ESTATE OF KOLB v. COMMISSIONER

Docket No. 1380.

5 T.C. 588 (1945)

ESTATE OF LOUIS J. KOLB, DECEASED, RALPH A. GIBBS AND ALBERT R. MURPHY, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated August 13, 1945.


Attorney(s) appearing for the Case

John F. Greaney, Esq., George Wharton Pepper, Esq., and Thomas Stokes, Esq., for the petitioners.

Paul E. Waring, Esq., for the respondent.


This proceeding involves the correctness of the determination of a deficiency in gift taxes for the calendar year 1939 in the amount of $114,893.16. Petitioners, subsequent to filing the petition herein, paid the deficiency on June 23, 1943, and interest on July 21, 1943. They claim an overpayment in the amount of $114,893.16. The issues now are: (1) Whether transfers to a trust by petitioners' decedent in years prior to 1939 during which a gift tax law was in effect were...

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