ROSENFIELD v. UNITED STATES

No. 12463.

254 F.2d 940 (1958)

Leon ROSENFIELD, as Administrator, D.B.N.C.T.A. of Estate of George D. Beaston, Deceased, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided May 12, 1958.


Attorney(s) appearing for the Case

Herbert M. Linsenberg, Philadelphia, Pa. (Leon Meltzer, Philadelphia, Pa., on the brief), for appellant.

S. Dee Hanson, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Harold K. Wood, U. S. Atty., Norman C. Henss, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


PER CURIAM.

The Internal Revenue Code of 1939 permits the representative of an estate the election of evaluating the assets in the gross estate either as of the date of death or one year after death. 26 U.S.C. § 811 (1952 ed.). Section 81.11 of Treasury Regulation 105 provides that "In no case may the election be exercised, or a previous election changed, after the expiration of the time for the filing of the return."

The administrator d. b. n. c. t....

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