BUSCH v. COMMISSIONER OF INTERNAL REVENUE

No. 12992.

148 F.2d 798 (1945)

BUSCH v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

April 23, 1945.


Attorney(s) appearing for the Case

Frank H. Fisse, of St. Louis, Mo. (Danniel N. Kirby and Harry W. Kroeger, both of St. Louis, Mo., on the brief), for petitioner.

Louise Foster, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, A. F. Prescott, and Melva M. Graney, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before GARDNER, THOMAS and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

Petitioner seeks a review of a decision of the Tax Court which redetermined deficiencies of $4,095.55 and $7,855.56 in his income taxes for 1939 and 1940, respectively.

Petitioner was the beneficiary of a trust created in 1937 by his mother, under which the trustees were required to pay to him during his life "so much of the net annual income of the trust estate for each calendar year as he shall, in writing signed by him and delivered...

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