ESTATE OF CALLAGHAN v. COMMISSIONER

Docket No. 62267.

33 T.C. 870 (1960)

ESTATE OF MARGARET E. CALLAGHAN, J. JOSEPH CALLAGHAN, EXECUTOR UNDER THE WILL OF MARGARET E. CALLAGHAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed February 12, 1960.


Attorney(s) appearing for the Case

John J. Sullivan, Esq., and John J. FitzGerald, Esq., for the petitioner.

Manning K. Leiter, Esq., for the respondent.


Respondent determined a deficiency in estate tax of $24,700.83. The sole issue is whether on the present facts a bequest to decedent's daughter, a Roman Catholic nun who has taken a solemn vow of poverty, is the equivalent of a transfer to or for the use of a religious corporation within the meaning of section 812(d), I.R.C. 1939. Other issues raised by the pleadings have been resolved by stipulation.

FINDINGS OF FACT.

The stipulated facts are found.

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