PATE v. COMMISSIONER OF INTERNAL REVENUE

No. 13021.

149 F.2d 669 (1945)

PATE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

June 19, 1945.


Attorney(s) appearing for the Case

Sharon J. Pate, pro se.

Carlton Fox, Sp. Asst. to the Atty. Gen., (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

The question presented in this case is whether the evidence supports a finding of the Tax Court.

The finding assailed by the petitioner is that a gift of real estate made in his life time by James S. Wahl, deceased, should be included in the decedent's gross taxable estate for the reason that the gift constituted a "transfer" by the decedent "in contemplation of * * * his death" within the meaning of § 302(c) of the Revenue Act...

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