ESTATE OF BYRAM v. COMMISSIONER

Docket No. 8837.

9 T.C. 1 (1947)

ESTATE OF HARRY E. BYRAM, DECEASED, THE NEW YORK TRUST COMPANY, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated July 7, 1947.


Attorney(s) appearing for the Case

Bruce Bromley, Esq., for the petitioner.

Arnold R. Cutler, Esq., for the respondent.


The petitioner seeks a redetermination of a deficiency of $35,804.10 in Federal estate tax. The sole issue is whether the corpus of a trust created on September 14, 1936, is includible in decedent's gross estate under subdivisions (b) or (c) of section 811 of the Internal Revenue Code. Certain of the facts were stipulated and are so found. Other facts are found from the evidence.

FINDINGS OF FACT.

Harry E. Byram died on November 11, 1941, a resident of Southport...

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