COMMISSIONER OF INTERNAL REVENUE v. MARESI

No. 302, Docket 20226.

156 F.2d 929 (1946)

COMMISSIONER OF INTERNAL REVENUE v. MARESI.

Circuit Court of Appeals, Second Circuit.

July 8, 1946.


Attorney(s) appearing for the Case

Norman S. Altman, of Washington, D. C., Sewall Key, Act. Asst. Atty. Gen., and Helen R. Carloss, Sp. Asst. to Atty. Gen., for petitioner.

Murray F. Johnson and Harper & Matthews, all of New York City, for respondent.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The Commissioner petitions to review an order of the Tax Court — en banc, one judge dissenting — expunging a deficiency in an estate tax, assessed against the respondent, as executrix of Pompeo M. Maresi, deceased. The question is whether future payments due to the testator's divorced wife were an allowable deduction under § 812(b) (3) of the Internal Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 812(b) (3). The facts which...

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