COPE v. UNITED STATES

Civ. A. No. 6395.

80 F.Supp. 534 (1948)

COPE et al. v. UNITED STATES.

United States District Court E. D. Pennsylvania.

August 9, 1948.


Attorney(s) appearing for the Case

Henry D. O'Connor, of Philadelphia, Pa., for plaintiffs.

Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe, and Benjamin H. Pester, Sp. Assts. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty. and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.


KIRKPATRICK, Chief Judge.

The facts have been stipulated and the stipulation is adopted as the Court's findings of fact.

The trust was created in 1898, the present taxpayer being one of the life beneficiaries. The early history of the trust management is not particularly relevant to the question here involved. In 1931 the trustee had in its hands an invested fund and also title to a piece of real estate which had been taken by it in lieu of foreclosing a mortgage...

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