SHEDD'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE

No. 14855.

237 F.2d 345 (1956)

ESTATE of Harrison P. SHEDD, Deceased; First National Bank of Arizona, Phoenix, Executor, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 13, 1956.


Attorney(s) appearing for the Case

Joseph D. Brady, Walter L. Nossaman, Brady, Nossaman & Walker, Joseph L. Wyatt, Jr., Los Angeles, Cal., for petitioner.

H. Brian Holland, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Karl Schmeidler, I. Henry Kutz, Sp. Assts. to Atty. Gen., for respondent.

Before DENMAN, Chief Judge, and POPE and LEMMON, Circuit Judges.


LEMMON, Circuit Judge.

The petitioner complains that the testator's "verbal error" in using a "term of art — power of appointment" — is sought to be employed as a means of costing the estate $71,000, plus interest, in Federal Estate Tax liability.

"This controversy," the criticism continues, "is little more than an exercise in semantics."

It might be answered that all legal disputation is, in the final analysis, "an exercise in semantics...

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