EMERY v. UNITED STATES

Civ. A. No. 56-1000.

153 F.Supp. 248 (1957)

Elsie C. EMERY v. UNITED STATES of America.

United States District Court D. Massachusetts.

June 24, 1957.


Attorney(s) appearing for the Case

Goodwin, Proctor & Hoar, Roger P. Stokey, and Allan H. W. Higgins, Boston, Mass., for plaintiff.

Jerome S. Hertz, Tax Division, Dept. of Justice, Washington, D. C., Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., for defendant.


WYZANSKI, District Judge.

This is an action for the refund of gift taxes paid for the year 1949. The issue is whether when on July 1, 1949 the taxpayer executed what she called a "release of power of appointment and other powers" with respect to five trusts created on August 20, 1937 by her husband, she engaged in a taxable exercise of a power of appointment under the provisions of § 1000(c) of the Internal Revenue Code of 1939, as amended, 26 U.S.C.A. §...

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