SPIES v. UNITED STATES

No. 14040.

180 F.2d 336 (1950)

SPIES et al. v. UNITED STATES.

United States Court of Appeals Eighth Circuit

February 23, 1950.


Attorney(s) appearing for the Case

Denis M. Kelleher, Fort Dodge, Iowa, and Edward D. Kelly, Algona, Iowa, for appellants.

Harry Marselli, Sp. Asst. to Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson and Irving I. Axelrad, Sp. Assts. to Atty. Gen., Tobias E. Diamond, U. S. Atty., and Wm. B. Danforth, Asst. U. S. Atty., Sioux City, Iowa, on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.


SANBORN, Circuit Judge.

This appeal from a judgment dismissing the plaintiffs' action for refunds of income taxes for the years 1941 and 1943 presents two questions:

(1) Whether $6,000 of the net income of a trust, known as the "Bond Trust," created December 20, 1934, by Jacob A. Spies, who died in 1938, was taxable to his widow, Anna Spies, in each of the years in suit, under § 162(b), Title 26 U.S.C.A.,1 as income "which...

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