ESTATE OF FRIZZELL v. COMMISSIONER

Docket No. 6704.

11 T.C. 576 (1948)

ESTATE OF JAMES E. FRIZZELL, DECEASED, ROY BURNS, E. A. JACKSON AND MARY GEORGE FRIZZELL, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated October 12, 1948.


Attorney(s) appearing for the Case

Joseph B. Brennan, Esq., for the petitioners.

Bernard D. Hathcock, Esq., for the respondent.


The respondent determined a deficiency in estate tax in the amount of $24,834.80. The main question is whether a transfer of property to a trust for the benefit of an incompetent son of the decedent was made in contemplation of death, within the meaning of section 811 (c) of the Internal Revenue Code, so as to render the property includible in the decedent's estate, as the respondent has determined.

This proceeding has been considered by the Court heretofore. The...

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