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ALLEN v. TRUST CO.

No. 289.

326 U.S. 630 (1946)

ALLEN, COLLECTOR OF INTERNAL REVENUE, v. TRUST COMPANY OF GEORGIA ET AL., EXECUTORS.

Supreme Court of United States.

Decided January 28, 1946.

Attorney(s) appearing for the Case

Mr. J. Louis Monarch, with whom Solicitor General McGrath, Assistant Attorney General Samuel O. Clark, Jr., Messrs. Sewall Key and Carlton Fox were on the brief, for petitioner.

Mr. John A. Sibley, with whom Mr. Furman Smith was on the brief, for respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The decedent, Jack J. Spalding, died December 8, 1938, at the age of 82. In 1925 he established two spendthrift trusts — one for his daughter Suzanne and one for his son Jack — and transferred to each trust securities of the value of $50,000. In 1934 he added securities to each trust. He paid gift taxes on these transfers. When he died, the Commissioner...

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