KIECKHEFER v. COMMISSIONER OF INTERNAL REVENUE

No. 10301.

189 F.2d 118 (1951)

KIECKHEFER v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1951.


Attorney(s) appearing for the Case

Malcolm K. Whyte, Herbert C. Hirschboeck and Richard L. Greene, all of Milwaukee, Wis., for petitioner.

Theron L. Caudle, Asst. Atty. Gen., Melva M. Graney, Atty., Department of Justice, Washington, D. C., Ellis N. Slack, Loring W. Post, George D. Webster, Special Assts. to the Atty. Gen., for respondent.

Before MAJOR, Chief Judge, and KERNER and DUFFY, Circuit Judges.


MAJOR, Chief Judge.

This appeal involves a deficiency in petitioner's gift tax for the taxable year 1945, during which he made a gift in trust to a minor grandson. The question for decision is whether the Tax Court correctly sustained the Commissioner's determination that such gift was of a future interest so as to preclude the statutory exclusion of $3,000, as provided for in § 1003(b)(3) of the Internal Revenue Code, Title 26 U.S. C.A. § 1003(b)(3).

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