COMMISSIONER OF INT. REV. v. HENDERSON'S ESTATE

No. 11109.

147 F.2d 619 (1945)

COMMISSIONER OF INTERNAL REVENUE v. HENDERSON'S ESTATE et al. SAME v. HENDERSON.

Circuit Court of Appeals, Fifth Circuit.

February 22, 1945.


Attorney(s) appearing for the Case

Maryhelen Wigle, Sewall Key, A. F. Prescott, and Ernest R. Mortenson, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., J. P. Wenchel, Chief Counsel, Revenue, and Claude R. Marshall, Sp.Atty., Bureau of Internal Revenue, both of Washington, D.C., for Commissioner of Internal Revenue.

C. J. Batter, of Washington, D. C., for respondents.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

These are income tax cases. The question in each is whether the taxpayer was entitled to a deduction under Section 23(b) of the Revenue Act of 1938 for interest paid on a deficiency in estate taxes assessed against the succession of Ellen H. Henderson.

The issue developed from these facts: Hunt Henderson was executor and residuary legatee of Ellen H. Henderson, who died in 1935. Succession proceedings were instituted in Louisiana, where...

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