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CARLISLE v. COMMISSIONER OF INTERNAL REVENUE

No. 10489.

165 F.2d 645 (1948)

CARLISLE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

February 2, 1948.

Attorney(s) appearing for the Case

Charles O. DeWoody, of Cleveland, Ohio (Ashley M. VanDuzer and Charles O. DeWoody, both of Cleveland, Ohio, on the brief; McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio, of counsel), for petitioner.

Morton K. Rothschild, of Washington, D. C. (Theron Lamar Caudle, Helen R. Carloss, Lee A. Jackson and Morton K. Rothschild, all of Washington, D. C., on the brief), for respondent.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The facts in the present tax case are simple and undisputed. Its single problem involves the effect of statutory changes made in 1942 upon the incidence of a tax upon capital gains received by the executrix of an estate in the 1942 tax year and distributed in that year to her as residuary legatee. The respondent determined that such gains must be included in the legatee's income, and assessed a deficiency. The tax court agreed and the legatee...

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