COMMISSIONER OF INTERNAL REVENUE v. BARNARD'S ESTATE

No. 184, Docket 21164.

176 F.2d 233 (1949)

COMMISSIONER OF INTERNAL REVENUE v. BARNARD'S ESTATE. BARNARD'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided July 25, 1949.


Attorney(s) appearing for the Case

I. Henry Kutz, Sp. Asst. to Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen., and Ellis N. Slack, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

James C. Mulligan, of New York City (Delafield, Marsh & Hope and Claude A. Hope, all of New York City, on the brief), for respondent.

Before L. HAND, Chief Judge, and CLARK and FRANK, Circuit Judges.


CLARK, Circuit Judge.

These are cross-petitions for review of a decision of the Tax Court sustaining in part and disallowing the remainder of a deficiency in gift tax determined by the Commissioner. The deficiency arose out of the failure of Josephine S. Barnard, of whose will the petitioner, City Bank Farmers Trust Co., is executor, to include in her 1943 gift tax return two transfers of $50,000 each to her husband, Henry H. Barnard, based respectively upon a separation...

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