ESTATE OF deCASTRO v. COMMISSIONER

Docket No. 5071.

4 T.C.M. 636 (1945)

Estate of Joseph F. deCastro, deceased, Kings County Trust Company, Executor v. Commissioner.

United States Tax Court.

Entered June 19, 1945.


Attorney(s) appearing for the Case

John H. Schmid, Esq., 26 Court St., Brooklyn 2, N. Y. for the petitioner. William F. Evans, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

SMITH, Judge:

This proceeding involves a deficiency in estate tax in the amount of $5,110.93. The only question in issue is whether the estate is entitled to deduct the amount of certain charitable bequests to be paid out of the funds of two testamentary trusts after the death of the life beneficiaries, where the trustee was empowered to invade the principal of the trusts for the benefit of the primary life beneficiary...

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