COMMISSIONER OF INTERNAL REVENUE v. CLARK

Nos. 10676, 10677.

202 F.2d 94 (1953)

COMMISSIONER OF INTERNAL REVENUE v. CLARK. COMMISSIONER OF INTERNAL REVENUE v. RUTHERFORD.

United States Court of Appeals Seventh Circuit.

February 19, 1953.


Attorney(s) appearing for the Case

Charles S. Lyon, Asst. Atty. Gen., Hilbert P. Zarky, Ellis N. Slack, Robert N. Anderson, George F. Lynch, Sp. Assts. to the Atty. Gen., for petitioner.

Hubert L. Will, Nelson, Boodell & Will, Chicago, Ill., Younge, Frederick & Rutherford, Peoria, Ill., of counsel, for respondents.

Before MAJOR, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.


MAJOR, Chief Judge.

These are petitions to review a decision of the Tax Court holding that the income of certain charitable trusts for the year 1946 was not properly taxable to the respondents, as asserted by the Commissioner. The two cases were considered together by the Tax Court inasmuch as each presented identical questions for decision. They are similarly presented to this court and will be treated accordingly.

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