GIRARD TRUST CO. v. UNITED STATES

No. 10130.

182 F.2d 921 (1950)

GIRARD TRUST CO. et al. v. UNITED STATES.

United States Court of Appeals Third Circuit.

Decided June 7, 1950.


Attorney(s) appearing for the Case

George Craven, Philadelphia, Pa. (Kenneth W. Gemmill, Philadelphia, Pa., on the brief), for appellants.

Philip R. Miller, Sp. Asst. to Atty. Gen., Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Alexander F. Prescott, Sp. Asst. to Atty. Gen., Gerald A. Gleeson, U. S. Atty., Thomas J. Curtin, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

This controversy concerns the income tax status of the distributive share of a deceased partner in partnership profits. We are asked to decide whether, in the circumstances of this case, this distributive share must be included in the final period income tax return for the deceased partner or whether it may be included in a subsequent return of the decedent's estate.

At the time of his death, Samuel P. Kenworthy was a member of a partnership...

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