LARSON v. COMMISSIONER OF INTERNAL REVENUE

No. 160, Docket 22903.

213 F.2d 502 (1954)

LARSON v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Second Circuit.

Decided May 26, 1954.


Attorney(s) appearing for the Case

Holt S. McKinney, New York City (Hunt, Hill & Betts and Reese D. Alsop, New York City, on the brief), for intervenor-petitioner.

L. W. Post, Sp. Asst. to Atty. Gen., Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and Lee A. Jackson, Sp. Assts. to Atty. Gen., Washington, D. C., on the brief), for respondent.

Before CLARK, HINCKS, and HARLAN, Circuit Judges.


CLARK, Circuit Judge.

The question presented on this petition for review of a decision of the Tax Court is whether the value of property conveyed in trust prior to the 1924 taxing act, subject to a power of revocation to the donor and his wife and the survivor of them, is properly to be included in the donor's taxable estate when his death occurred after that of his wife and at a time when his power of revocation was absolute. Judge Raum of the Tax Court held in a...

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