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UNITED STATES v. NORTON

No. 16691.

250 F.2d 902 (1958)

UNITED STATES of America, Appellant and Appellee, v. Richard W. NORTON, Jr., Appellee and Appellant. Richard W. NORTON, Jr., Appellee and Appellant, v. UNITED STATES of America, Appellant and Appellee.

United States Court of Appeals Fifth Circuit.

January 9, 1958.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Morton K. Rothschild, Atty., Dept. of Justice, Washington, D. C., John N. Stull, Acting Asst. Atty. Gen., A. F. Prescott, Atty., Department of Justice, Washington, D. C., T. Fitzhugh Wilson, U. S. Atty., Meredith T. Holt, Asst. U. S. Atty., Shreveport, La., for appellant.

Cecil E. Ramey, Jr., Shreveport, La., W. B. Ferguson, Jr., Houston, Tex., for appellee.

Before BORAH, TUTTLE, and CAMERON, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal and cross appeal from a judgment in favor of a taxpayer by a District Court without a jury present three questions: (1) Is a payment by a transferree after termination of an inter vivos trust for his benefit, which payment represents a deficiency in income taxes owed by the trust prior to its termination and interest on such deficiency from the due date up to the date of termination, deductible by such transferee as a payment of...

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