SKOURAS v. COMMISSIONER OF INTERNAL REVENUE

No. 176, Docket 21787.

188 F.2d 831 (1951)

SKOURAS v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided April 30, 1951.


Attorney(s) appearing for the Case

Kenneth W. Moroney, New York City, for petitioner.

Charles Oliphant, Washington D. C., Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen. (L. W. Post, Washington, D. C., of counsel), for respondent.

Before SWAN, CHASE and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The question here is whether the donees' power to destroy a joint assignment with right of survivorship gave the donor an exclusion from the gift tax. The Supreme Court has held that when unanimous action of the donees is necessary to such destruction then the interests of several donees are "future interests," and the donor is not entitled to the exclusion under 26 U.S.C.A. § 1003(b). See Ryerson v. United States, 312 U.S...

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