WARBURTON v. COMMISSIONER OF INTERNAL REVENUE

No. 10558.

193 F.2d 1008 (1952)

Mary V. WARBURTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided February 5, 1952.


Attorney(s) appearing for the Case

Raymond C. Cushwa, Washington, D. C., Adrien F. Busick, Davnes, Richberg, Tydings and Beebe & Landa, all of Washington, D. C., of counsel, for petitioner.

L. W. Post, Washington, D. C., Ellis N. Slack, Acting Asst. Atty. Gen., Richard D Harrison, Sp. Asst. to Atty. Gen., for respondent.

Before KALODNER and STALEY, Circuit Judges, and STEWART, District Judge.


PER CURIAM.

The sole question here is whether under Section 162(b) of the Internal Revenue Code, 26 U.S.C. § 162(b), the taxpayer is taxable for the year 1943, upon $90,000, the amount actually received by her as beneficiary of a testamentary trust, or $100,000, the amount to which she was entitled before retention of $10,000 by the testamentary trustees in partial reimbursement, pursuant to an agreement with the taxpayer, of their prior payment of Pennsylvania...

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