ESTATE OF FITZ v. COMMISSIONER

Docket No. 4734.

4 T.C.M. 968 (1945)

Estate of Edith Fitz, Reginald Fitz and Phoebe M. Fitz, Executors v. Commissioner.

United States Tax Court.

Entered October 24, 1945.


Attorney(s) appearing for the Case

Phillips Ketchum, Esq., 1 Federal St., Boston, Mass., for the petitioners. Carl A. Stutsman, Jr., Esq., for the respondent.


Memorandum Opinion

ARNOLD, Judge:

This case involves an estate tax deficiency of $10,645.15. The issue is whether the Commissioner erroneously included $37,602.89 in the decedent's gross estate upon the ground that she exercised a power of appointment in her will by which said property passed.

[The Facts]

We find the facts to be as stipulated by the parties and as admitted by the pleadings.

The petitioners are executors of...

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