SMITH v. UNITED STATES

No. 17510.

265 F.2d 834 (1959)

Mrs. Matilda Schutt SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 23, 1959.


Attorney(s) appearing for the Case

Ross N. Buzzard, Gordon, Gordon & Buzzard, Pampa, Tex., for appellant.

Morton K. Rothschild, Atty., Dept. of Justice, Washington, D. C., A. W. Christian, Asst. U. S. Atty., W. B. West, III, U. S. Atty., Fort Worth, Tex., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., I. Henry Kutz, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges


HUTCHESON, Chief Judge.

This appeal from a judgment entered against plaintiff in a suit for refund of income taxes presents a single question for decision. This is whether taxpayer, to whom her husband, subject to the terms and conditions of his will, had bequeathed all his property, and who, including in her individual income tax return only that portion of the income which she actually used, had included the remainder in the estate's return, was under Sections 22...

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