COMMISSIONER OF INTERNAL REVENUE v. HOLMES' ESTATE

No. 11206.

148 F.2d 740 (1945)

COMMISSIONER OF INTERNAL REVENUE v. HOLMES' ESTATE et al.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1945.


Attorney(s) appearing for the Case

Hilbert P. Zarky, Sewall Key, and A. F. Prescott, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John T. Rogers, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., for petitioner.

J. E. Price, of Houston, Tex., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This is an estate tax case involving the question whether the settlor of an irrevocable trust reserved powers enabling him to change in enjoyment the interests created thereby, so that, upon his death without having exercised such powers, a taxable interest passed from him.

On January 20, 1935, Harry Holmes transferred 30 shares of stock to himself, as trustee, for the benefit of his three sons. The instrument set up three trusts, which...

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