SPICER v. UNITED STATES

No. 385-52.

153 F.Supp. 472 (1957)

Charles P. SPICER and Mack Ryan, Surviving Trustees Under Agreement with Ora J. Mulford Dated December 29, 1941, v. The UNITED STATES.

United States Court of Claims.

July 12, 1957.


Attorney(s) appearing for the Case

Paul Franseth, Detroit, Mich., for plaintiffs. Voorhies, Long, Ryan and McNair, Detroit, Mich., were on the briefs.

David R. Frazer, Washington, D. C., with whom was Asst. Atty. Gen., Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


LARAMORE, Judge.

This is a suit to recover $208,235.54 in income taxes paid on a long term capital gain realized from the sale of assets held in trust. The precise question to be decided by the court is whether or not gifts made in contemplation of death which are included in a decedents gross estate for estate tax purposes under section 811(c) of the Internal Revenue Code of 1939, 26 U.S.C.A. (I.R.C. 1939) § 811...

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