McCANDLESS ESTATE


374 Pa. 551 (1953)

McCandless Estate.

Supreme Court of Pennsylvania.

Reargued April 13, 1953.

June 26, 1953.


Attorney(s) appearing for the Case

Francis J. Gafford, Deputy Attorney General, with him James J. Lawler and Robert E. Woodside, Attorney General, for appellant.

Norman R. Schade, with him Campbell, Houck & Thomas, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, June 26, 1953:

James Francis McCandless died testate December 10, 1939. On February 20, 1940, the executors filed a federal income tax return for the decedent for the period beginning January 1, 1939, and ending on December 10, 1939, the date of death. The return included not only income actually received by the decedent in his lifetime, but also income in the form of dividends accrued prior to death but which the executors had not received...

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