GALLAGHER v. SMITH

No. 11305.

223 F.2d 218 (1955)

Immaculata GALLAGHER, also known as Lottie Gallagher, Appellant, v. Francis R. SMITH, Former Collector of Internal Revenue for the First District of Pennsylvania, and United States of America.

United States Court of Appeals Third Circuit.

Reargued February 21, 1955.

Decided June 3, 1955.


Attorney(s) appearing for the Case

Herman J. Obert, Philadelphia, Pa., for appellant.

Carolyn R. Just, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Carolyn R. Just, Sp. Assts. to Atty. Gen., W. Wilson White, U. S. Atty., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.


MARIS, Circuit Judge.

The issue presented on this appeal is whether all or only one-thirteenth of the net income of a trust fund created by the will of the plaintiff's deceased husband is taxable, for income tax purposes, against her. The dispute arises out of the following facts:

The testator, Edward A. Gallagher, a resident of Philadelphia, Pennsylvania, died on March 19, 1942, survived by his widow, who is the plaintiff, and thirteen children. By the terms...

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