ESTATE OF BARRY v. COMMISSIONER

Docket No. 76719.

34 T.C. 160 (1960)

ESTATE OF CHARLES J. BARRY, DECEASED, THE HIBERNIA BANK, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed May 10, 1960.


Attorney(s) appearing for the Case

Clarence E. Musto, Esq., for the petitioner.

John O. Hargrove, Esq., and Aaron S. Resnik, Esq., for the respondent.


WITHEY, Judge:

Respondent determined a deficiency in estate tax of $46,414.27. The sole issue is whether on the facts presented a bequest to decedent's son, Joseph F. Barry, a Roman Catholic priest and member of the Society of Jesus who has taken his final vows of absolute poverty in that society, is the equivalent of a transfer to or for the use of a religious corporation within the meaning of section 2055(a) (2), I.R.C. 1954.

FINDINGS OF FACT.

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