FRANCIS v. COMMISSIONER

Docket No. 8207.

8 T.C. 822 (1947)

CHARLES I. FRANCIS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 16, 1947.


Attorney(s) appearing for the Case

James H. Yeatman, Esq., and Marvin K. Collie, Esq., for the petitioner.

Stanley B. Anderson, Esq., for the respondent.


This case involves a deficiency in gift tax determined by the Commissioner for the calendar year 1943 in the amount of $849.38.

The petitioner, by appropriate assignments of error, challenges the constitutionality of the statute under which the Commissioner proceeded. The specific constitutional questions presented are: (1) Does section 453 of the Revenue Act of 1942 (section 1000 (d) of the Internal Revenue Code) violate the due process clause of the Fifth Amendment...

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